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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com DEC 0 4 2007 Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) >Street Address / General Location of Property: Approximately 17 miles NW of the Town of Parachute off of County Road 215 and Garden Gulch Road (Private) >Legal Description: Located in the SE/4 SE/4, Section 32, T 5S, R96W, 6th PM See Deed and Legal Description Tab for Complete Description >Existing Use & Size of Property in acres: 880 acres, natural gas dev. & limited grazing >Description of Special Use Requested: Temporary employee housing for contractors supporting natural gas drilling and production operations >Zone District: R/L - Plateau >Name of Property Owner (Applicant): Berry Petroleum Company >Address: 950 17th Street, Suite 2400 Telephone: 303-825-3344 >City: Denver State: CO Zip Code: 80202 FAX: 303-633-1827 >Name of Owner's Representative, if any (Attorney, Planner, etc): Amy Stoodt, Marathon Oil Company >Address: 743 Horizon Ct, Ste. 220 Telephone: 970-245-5233 x 2225 >City: Grand Junction State: CO Zip Code: 81506 FAX: 970-245-6287 STAFF USE ONLY >Doc. No.: Date Submitted: TC Date: >Planner: Hearing Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. On behalf of Berry Petroleum Company, Marathon Oil Company (Marathon) requests a special use permit (SUP) for temporary employee housing associated with contractors that support Marathon's construction operations for its Piceance Project. This temporary employee housing will be utilized by Marathon's construction contractor, G.M. Stewart Company, to house personnel associated with construction of well pads, infrastructure, and roads, and road maintenance and snow plowing. The temporary employee housing will be located on the location of Marathon's Lay Down Yard which is the subject of a separate Conditional Use Permit application submitted to Garfield County. Details of the proposed use are provided in the attached narrative. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Potable water will be purchased from and provided by a commercial provider (see Hauler Affidavits Tab). Initially, Marathon is proposing that wastewater be collected in onsite storage tanks and hauled periodically to a permitted disposal facility (see Hauler Affidavits Tab). During the summer of 2008, Marathon will install either ISDS(s) or onsite wastewater treatment systems to replace the storage vaults and hauling of wastewater. Prior to installation of these systems, they will be permitted through Garfield County and/or CDPHE, as appropriate. Details of the proposed potable water and wastewater systems are provided in Sections 2.2 and 2.3, respectively, of the attached narrative. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. Marathon Oil Company SPECIAL USE PERMIT APPLICATION TEMPORARY EMPLOYEE HOUSING GM STEWART MANCAMP SUBMITTED TO: Garfield County SUBMITTED BY: Marathon Oil Company On Behalf of Berry Petroleum Company December 3, 2007 December 3, 2007 Board of County Commissioners of Garfield County 108 8th Street Glenwood Springs, CO 81601 Subject: Special Use Permit Application — Temporary Housing — GM Stewart Mancamp Ladies and Gentlemen: Enclosed please find the subject Special Use Permit (SUP) application. On behalf of Berry Petroleum Company., Marathon Oil Company (Marathon) is seeking permission to construct and operate temporary employee housing to support our operations in Garfield County. As stated in the enclosed application, the construction and operation of this facility, this facility will be used principally during the winter months to provide safe housing for construction personnel involved with Marathon's operations. The presence of these personnel in close proximity to these operations is essential for road maintenance and plowing. These temporary quarters are critical to allow Marathon to offer a safe working environment for these and other workers and will also enhance the driving safety of the general public. If you or Garfield County staff has any questions regarding this application, please contact me at 970-245-5233, ext. 2225. Sincerely, Marathon Oil ompany Am Stoodt Planning and Construction Supervisor A map showing the location of the Lay Down Yard where this housing will be located and existing and proposed structures, access routes, and public roadways in the vicinity is provided in the Location Map Tab. Access to the location is discussed in Section 1.3 of the attached narrative. No new or expanded access onto a County or State roadway is required. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. Maps of the proposed location are provided in the Proposed Location Tab. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). Copies of the appropriate portion of a Garfield County Assessor's Map and lists identifying all property owners within 200 feet of the site and mineral owners of the subject parcel are provided in the Ownership Tab. 6. Submit a copy of the deed and a legal description of the subject property. A copy of the deed and a legal description of the subject parcel are provided in the Deed and Legal Description Tab. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. An agreement between Berry Petroleum Company and Marathon Oil Company specifically authorizing the installation of this housing is provided in the Designation of Agent tab. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Details of the proposed water, wastewater, and refuse systems are provided in Sections 2.2, 2.3, and 2.5 of the attached narrative, respectively. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Access to this location is via Garfield County Road 215 and a series of private roads. The establishment of temporary employee housing will result in a decrease of daily traffic on the private and public roads. Section 2.1 of the attached narrative discusses traffic considerations. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; This location is isolated from any abutting uses. There are no permanently -occupied residences within one mile of the property and the topographic relief between this location and residences or public roadways along Parachute Creek is substantial, eliminating any noticeable effect. 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.aarfield- countv.com/building and planning/index.htm, or information can be obtained from this office 5.02.21 Special Use Permits for Temporary Employee Housing (Amended 2006-106) (1) At times of severe housing shortage, extremely remote locations or other emergency conditions, special use permits for temporary employee housing in the nature of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposes] may be granted for projects within Garfield County related to commercial, industrial, mineral extraction or highway operations of substantial size in any zone district by the County Commissioners through the special use permit process. Such housing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be removed. Review of the permit shall be subject to §9.03 and §5.03 of the Garfield County Zoning Regulations of 1978 as Amended. All Special Use Permits for Temporary Employee Housing is subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. (2) Special Use Permits for Temporary Housing: The applicant shall submit an adequate site plan, consistent with §9.01.01 and including proposed water supply, proposed method of sewage treatment and names and addresses of adjacent property owners. Site plans for the GM Stewart Mancamp are included in the Proposed Location Tab. Water supply and sewage systems are discussed in Sections 2.2 and 2.3 of the attached narrative, respectively. Names and addresses of adjacent property owners are included in the Ownership Tab. (A) Water and wastewater systems proposed to service temporary employee housing must comply with all applicable state and local laws and regulations. In addition, all sewage must be disposed of on- site using an Individual Sewage Disposal System (ISDS) unless the applicant can prove: 1. That, at the discretion of the Garfield County Board of Health, an ISDS system is not feasible due to environmental, topographic or engineering conditions where the temporary housing is to be located; or 2. That, at the discretion of the Garfield County Board of Health, year-round access is available and maintained for safe and regular access for sewage hauling vehicles. In addition, the following conditions must be met: a. The applicant must demonstrate and guarantee an arrangement for hauling sewage; and b. The applicant must maintain all records including but not limited to trip logs/reports and landfill receipts; and c. All sewage disposal records must be maintained as public records to be available to the County and/or any other interested third party upon request; and d. The temporary housing must not exceed a cumulative of one (1) year at an approved location. Access to the housing location is provided by County Road 215 and a series of private roads. Section 2.1 of the attached narrative provides details of the arrangements Marathon has made to maintain and plow the private roads to insure year-round access. The establishment of this housing is essential to Marathon's ability to keep roads open during the winter. Section 2.3 of the attached narrative discusses Marathon's plans for handling wastewater. A copy of the affidavit with Marathon's contractor for hauling wastewater is included in the Hauler Affidavits Tab. Marathon will maintain all records, including trip logs/reports and landfill receipts and will make such records available to the County and/or any interested third party upon request. As discussed in Section 2.3 of the attached narrative, Marathon is proposing to utilize vaults for handling wastewater initially but will replace those vaults with permanent disposal and/or treatment systems during the summer of 2008. (B) For sites where potable water is hauled to and wastewater is hauled out, applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. For facilities serving twenty-four (24) people or less, the operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. Water systems serving twenty-five (25) people or more must demonstrate conformance to state regulations by obtaining all necessary state permits prior to the scheduling of a Special Use Permit for Temporary Employee Housing public hearing. The proposed temporary employee housing and associated potable water system at this location will provide water to -twenty--five (25) people or more. However, this facility meets all of the conditions identified in §1.2 of 5 CCR 1003-1 for exemption from regulation under. the Colorado Primary Drinking Water Regulations. Marathon's plans for providing potable water and insuring the safety of that water are provided in Section 2.2 of the attached narrative. A copy of the affidavit from Marathon's potable water supplier is included in the Hauler Affidavits Tab. Marathon's plans for collecting, hauling and disposing of wastewater are detailed in Section 2.3 of the attached narrative. A copy of the affidavit with Marathon's contractor for hauling wastewater is included in the Hauler Affidavits Tab. Marathon will maintain all records, including trip logs/reports and landfill receipts and will make such records available to the County and/or any interested third party upon request. (C) In no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface. Marathon will not provide unsafe water for drinking and will not discharge raw sewage or untreated wastewater on the ground surface. As discussed in Section 2.3 of the attached narrative, Marathon is investigating potential onsite wastewater treatment systems. Any discharge of treated wastewater systems will be performed in strict accordance with the appropriate permits obtained from Garfield County and/or CDPHE. (D) Special Use Permits for Temporary Employee Housing sites must be related to one or more commercial, industrial, mineral extraction or highway operation locations and shall be limited to a spacing of at least one (1) mile between temporary employee housing sites, regardless of land ownership or operator. Special Use Permits for Temporary Employee Housing for oil and gas extraction purposes in the Resource Lands (RL) zoning district may be exempted by the BOCC from the one mile spacing if the operator can prove that the housing structures and all supporting infrastructure will be contained within the Colorado Oil and Gas Commission (COGCC) approved well pad and there will be no new additional land disturbance outside of the COGCC approved well pad area. If the applicant is applying for a Special Use Permit for Temporary Employee Housing on an approved COGCC well pad, the applicant must provide the relevant approved APD permit indicating housing location(s) along with the application for a Special Use Permit for Temporary Employee Housing. This application pertains to one location to be operated by Marathon that is located in the R/L zone district. It is likely that Marathon or other operators will also have temporary housing associated with drilling operations within one mile of the proposed facility. If necessary, when permit applications for the temporary housing on the drilling locations are submitted to Garfield County, Marathon will request an exception by the BOCC from the one mile spacing requirement The entire housing facility addressed by this application will occur within the area to be disturbed for Marathon's Lay Down Yard that is the subject of a separate CUP application to Garfield County. (3) The maximum allowable time length of the Special Use Permit for Temporary Employee Housing is one (1) year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as well as all conditions of the permit. A permit may be revoked anytime through a public hearing called up by staff or the Board of County Commissioners. By way of example and not limitation, continued non-availability of a permanent housing inventory or the nature of the construction or extraction project may constitute "good cause" for renewal. The applicant must provide an estimated total cumulative length of time the temporary employee housing will be at the proposed location along with a statement of intentions to request renewal past the one year expiration date as part of the Special Use Permit for Temporary Employee Housing application. Failure to provide a statement of intention for renewal will prohibit the Special Use Permit for Temporary Employee Housing permit from future renewal consideration. Marathon requests approval for one year and will request a renewal annually, if necessary. At the current time, Marathon anticipates that the housing at this location will be needed for approximately 4 to 8 years. (4) Temporary housing shall be located at a site authorized by the Board of County Commissioners and identified on the relevant site plan submitted with the Special Use Permit for Temporary Employee Housing. Inhabitants of the temporary housing shall be applicant's employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. Temporary employee housing will be located only at the location identified in the Proposed Location tab. Inhabitants of the temporary employee housing facilities shall be Marathon's employees and/or subcontractors, working the related construction or mineral extraction operation. Dependents of employees, guests or other family members will not be allowed at the temporary employee housing facilities. (5) Temporary employee housing sites shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. Temporary employee housing will be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that will be stored on site for operational or security reasons will be managed in accordance with all applicable federal, state and local laws and regulations. (A) Fire Protection General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriff's office and resident employees. All fires are subject to §307 of the 2003 International Fire Code (IFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and bon fires. One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. A water storage tank may be required if County and local fire protection officials deem it necessary. Marathon's Emergency Response Plan and a site- specific evacuation plan are provided in the Emergency Response Tab. Marathon will comply with all IFC fire requirements, as discussed in Section 2.6 of the attached narrative. (B) Bear -proof refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight -fitting lids. Refuse shall be disposed of not less than once weekly. Marathon's plans for providing bear -proof refuse containers are detailed in Section 2.5 of the attached narrative. The temporary employee housing will be provided with the equivalent of one thirty (30) gallon bear -proof container per unit. (C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. In general, outside storage of food is not anticipated and will be prohibited. If such storage is determined to be necessary, Marathon will provide steel, bear -proof outside storage. (D) The applicant shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the Garfield County Sheriff's Office and relevant Fire Protection District. Location maps for the GM Stewart temporary employee housing facilities are included in the Proposed Location tabs. These maps include a location map, detailed driving directions from the Town of Parachute, and GPS coordinates. Marathon will provide a copy of these maps to the Garfield County Sheriff's Office and to the Grand Valley Fire Protection District at least 10 days prior to the occupation of the housing at this location. (6) If structures, requiring Building Permits under the Garfield County Building Code, are constructed for the commercial, industrial, highway project or mineral extraction operation related to the Special Use Permit for Temporary Employee Housing, upon expiration or revocation of the permit Certificates of Occupancy for such (7) structures shall be withheld until the temporary living quarters are removed and the site is restored to the satisfaction of the County Building and Planning Director. Marathon will acquire building permits, as required, for the temporary employee housing facilities. If a Special Use Permit for Temporary Employee Housing is granted, the applicant shall notify the county when site development begins. The applicant shall verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The county also reserves the right to inspect a site, without notice, to assess compliance with the Special Use Permit for Temporary Employee Housing. A determination of noncompliance with any Special Use Permit for Temporary Employee Housing, or condition approval thereof, is grounds for revocation or suspension of said permit, in accordance with Section §9.01.06. If a Special Use Permit for Temporary Employee Housing is granted, Marathon will notify the county when the housing is to be installed. Marathon will verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance will be stamped by a Professional Engineer licensed in Colorado. (8) If there is suitable permanent housing inventory available in an area near the commercial, industrial, highway project or mineral extraction operation, as determined at the discretion of the BOCC, the Special Use Permit for Temporary Employee Housing shall not be granted. (9) As noted in Section 1.2 of the attached narrative, the remote location of Marathon's operations dictates the need for temporary employee housing to minimize employees having to travel to and from work on a daily basis. This housing will significantly increase the safety of Marathon's operations. In addition, the Garfield County Housing Assessment (McCormick and Associates, February 2006) determined that suitable permanent housing is very difficult to find in the local area. No animals shall be allowed at temporary employee housing sites. With the exception of dogs that may be used to screen for explosives and/or drugs, no domestic animals will be allowed at Marathon's temporary employee housing sites. (10) In evaluating a request for a Special Use Permit for Temporary Employee Housing, the County Commissioners may require compliance with additional conditions of approval as may be needed to ensure the health, safety and welfare of the public. (A.81-263) Marathon will comply with all conditions of approval required by the County Commissioners to ensure the health, safety and welfare of the public. (11) The applicant shall submit as part of the Special Use Permit for Temporary Employee Housing, a reclamation and revegetation plan for each specific site addressing all points in section eleven (11) within this §5.02.21. a. Debris and waste materials, including, but not limited to structures, concrete, footings, sewage disposal systems and related infrastructure, water storage and related distribution infrastructure, roads, and other sand, plastic, gravel, pipe and cable shall be removed. All pits, cellars, and other holes will be backfilled as soon as possible after all equipment is removed to conform to surrounding terrain. All access roads to the site and associated facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall be completely pumped out and either crushed in place, punctured and filled with inert material or removed. Any waste material pumped from a wastewater tank or waste debris from tank removal must be disposed of at an approved facility that is permitted by CDPHE and/or Garfield County to receive said wastes. Materials may not be burned or buried (other than ISDS) on the premises. All disturbed areas affected by temporary employee housing or subsequent operations shall be reclaimed as early and as nearly as practicable to their original condition and shall be maintained to control dust, weeds and minimize erosion. As to crop lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. Reclamation shall occur no later than three (3) months after the Special Use Permit for Temporary Employee Housing expires or is revoked unless the Director or designee extends the time period because of conditions outside the control of the applicant. b. All areas compacted by temporary employee housing and subsequent operations shall be cross -ripped. On crop land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth. c. When a temporary employee housing site is removed, all disturbed areas will be restored and revegetated as soon as practicable. For disturbed areas not regulated by the Colorado Oil and Gas Conservation Commission, the following regulations will apply: (1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative positions and contour, and shall be tilled adequately to re-establish a proper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were present before disturbance shall be reestablished. (2) Revegetation of non -crop lands. All segregated soil horizons removed from non -crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long- term stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent plant community is encouraged. In the absence of an agreement between the applicant and the affected surface owner as to what seed mix should be used, the applicant shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. d. During occupation and reclamation operations, all disturbed areas shall be kept free of Garfield County and State of Colorado List A and B noxious weeds. e. Successful reclamation of the site and access road will be considered completed when: (1) On crop land, reclamation has been performed as per 11(c) (1) of this section, and observation by the Director or designee over two growing seasons has indicated no significant unrestored subsidence. (2) On non -crop land, reclamation has been performed as per 11(c)(2) of this section, and the total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director through a visual appraisal. The Director or designee shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. (3) A final reclamation inspection has been completed by the Director or designee, there are no outstanding compliance issues relating to Garfield County rules, regulations, orders or permit conditions, and the Director or designee has notified the applicant that final reclamation has been approved. The temporary employee housing will be located entirely within the disturbed area approved by Garfield County for Marathon's Lay Down Yard. As discussed in Section 2.0 of the attached narrative, the ISDS(s) or onsite wastewater treatment systems to be installed during the summer of 2008 will likely be constructed outside the confines of the Lay Down Yard. Details of Marathon's plans for reclamation specific to the proposed temporary employee housing are provided in Section 2.8 of the attached narrative. f. Specifically as to revegetation, the applicant shall provide security for revegetation of disturbed areas in amount and in accordance with a plan approved by the Garfield County Vegetation Management Department. The g. security shall be held by Garfield County until vegetation has been successfully reestablished according to the standards in the Garfield County Vegetation Management Plan adopted by resolution No. 2002-94, as amended. Specifically as to reclamation, the applicant shall provide security for reclamation of disturbed areas in amount and in accordance with a plan approved by the Garfield County Planning Department. The security shall be held by Garfield County until reclamation has been successfully completed per Section 11 within this §5.02.21. If determined to be necessary by the BOCC, Marathon will provide financial insurance to Garfield County for the purpose of ensuring the proper reclamation of this location. 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 5. Once the Board makes a decision regarding the request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. % /� o��lTG (Signat� a of applicant/owner) Last Revised: 02/2006 /2/3/0-7 Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and rn ..41kor. 0;1 (omen (c be k414:13�r j (hereinafter APPLICANT) agree as follows: "tie --fro let)," Co r.,.,5 1. APPLICANT has submitted to COUNTY an application for f ror E rpkvj ee (�v S irk — Gm S +ewar May, caw► P (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT / .07 Signa re Date: /2 /3 /o 7 Amy L. Stoodt Print Name Mailing Address: 743 Horizon Court, Suite 220 Grand Junction, CO 81506 10/2004 Page 4 Marathon Oil Company GM Stewart Temporary Employee Housing 1.0 PROJECT OVERVIEW 1.1 Proposed Use On behalf of Berry Petroleum Company, Marathon Oil Company (Marathon) requests a special use permit (SUP) for temporary employee housing associated with construction operations for its Piceance Project (aka, the G.M. Stewart mancamp). Marathon currently holds 8,700 net acres northwest of the Town of Parachute (Location Map Tab) and holds a lease from Berry Petroleum Company for the area where this housing will be located (see Deed and Legal Description Tab). The temporary employee housing will be located on the Marathon Lay Down Yard that is the subject of a separate conditional use permit (CUP) application to Garfield County. 1.2 Purpose and Need Due to the relatively remote location of Marathon's operations and the primitive nature of many of the roads used to access this area, it is very difficult and hazardous for personnel working in these operations to travel from the area every day, particularly during bad weather. The temporary housing covered by this SUP application will be used principally during the winter months to provide safe housing for construction personnel involved with Marathon's operations. The presence of these personnel in close proximity to these operations is essential for road maintenance and plowing. These temporary quarters are critical to allow Marathon to offer a safe working environment for these and other workers and will also enhance the driving safety of the general public. In addition, temporary employee housing is necessary because long-term, affordable housing is not available in Garfield County (reference the Garfield County Housing Assessment completed by McCormick and Associates, February 2006). 1.3 Location and Ownership The proposed temporary employee housing will be located on a parcel of property where the surface and minerals are both owned by Berry Petroleum Company. A legal description for this parcel and deeds demonstrating ownership are contained in the Legal Description and Deed Tab. Marathon and Berry have entered into a lease for the property where this housing will be located. A letter from Berry specifically authorizing Marathon to obtain this SUP is provided in the Agent Designation Tab. This location will be accessed via Garfield County Road 215 north of Parachute for approximately 7.2 miles to the existing private Garden Gulch Road. Access Special Use Permit Application Narrative December 2007 1 Marathon Oil Company GM Stewart Temporary Employee Housing from this point will be via Garden Gulch Road and other private roads. Detailed driving directions to the pads are provided in the Proposed Locations Tab. There are no permanently occupied residences within 1 mile of this location. 1.4 Supporting Documentation Supporting documentation is provided in the following tabs: Location Map Tab Includes a general location map for Marathon's Piceance Project showing the location covered by this SUP and proximity to existing structures and private and public roads. Proposed Location Tab Includes driving directions and a site layout for the temporary employee housing location. Hauler Affidavits Tab Includes copies of hauler affidavits detailing schedules for potable water delivery, septic removal, and trash removal. Ownership Tab Includes a summary map showing adjacent parcels and existing structures and copies of the Garfield County Assessor maps and names and addresses of mineral owners and adjacent property owners. Deed and Legal Description Tab Includes copies of the legal description and deeds for the parcel where this housing will be located. Agent Designation Tab Includes a letter from Berry specifically authorizing Marathon to seek this SUP. Emergency Response Tab Includes a copy of Marathon's Emergency Response Plan. Stormwater Tab Includes a copy of Marathon's Construction Stormwater permit from the State of Colorado for the Lay Down Yard facility. Housing Specifications Tab Includes copies of the specifications for all trailers that will be utilized at this location. Special Use Permit Application Narrative December 2007 2 Marathon Oil Company GM Stewart Temporary Employee Housing Weed Management Tab Includes a copy of Marathon's Noxious Weed Management Plan. 2.0 PROJECT DESCRIPTION . f' t, of (e,. we Pt . � Marathon is proposing to use between 10 and`18\individual housing units at this location. Each of these units will be identical, housing up to 4 people in each unit. Detailed specifications for each of these units are provided in the Housing Specifications tab. All of these units are newly manufactured and are being built to meet all Garfield County building requirements. The manufacturer will obtain certification of each trailer from the Colorado Division of Housing (CDOH) prior to occupancy. Evidence of the CDOH certification will be provided to the Garfield County Building and Planning Department prior to occupancy. Marathon is also contemplating the possible installation of a recreation facility at this location and will provide details of the recreation facility to Garfield County if it is installed. As discussed in Section 2.3 below, Marathon is planning to utilize vault systems for capturing wastewater during the initial use of the housing at this location. During the summer of 2008, these vaults will be replaced with permanent Individual Sewage Disposal Systems (ISDSs) or onsite wastewater treatment systems. While the vault systems are being used, all housing units, potable water systems and wastewater systems will be located within the confines of the Marathon Lay Down Yard. When the permanent ISDS or treatment systems are installed, it is likely that at least a portion of these systems will be installed off the Lay Down Yard (Section 2.3). 2.1 Hours of Operation and Traffic Considerations As noted in Section 1.3, this location will be accessed via a series of private roads to the west of Garfield County Road 215. The parties responsible for snow removal and maintenance of these private roads are identified below. • Garden Gulch Road: Marathon is a part owner of the recently constructed Garden Gulch Road. Garden Gulch Road LLC is the operator of the road and will be responsible for road maintenance and snow removal. Currently, Petroleum Development Corporation and its subcontractor, JC Excavating, are responsible for the Garden Gulch Road. • Site access road: Marathon will be the operator of the Lay Down Yard where this housing will be located and site access roads and will be responsible for road maintenance and snow removal from the Garden Gulch Road to this location. Marathon will be using G.M. Stewart for construction work year round for its operations. G.M Stewart will maintain an inventory of equipment in the area capable of road maintenance and Special Use Permit Application Narrative December 2007 3 Marathon Oil Company GM Stewart Temporary Employee Housing snow plowing. One of the primary reasons for the proposed G.M. Stewart mancamp is to provide housing for G.M. Stewart employees who will be involved with road maintenance and snow plowing. No new access from State or County roads will be required for this project. 2.2 Potable Water System Potable water will be provided at each temporary housing facility and includes bottled water and potable water stored in potable water tanks. Potable water tanks will be skid mounted, connected with a manifold and have a pump to supply water to each of the trailers listed in Section 2.0. The water tank and piping will be insulated and heat traced to prevent freezing. Water will be trucked from a source that meets the State of Colorado standards for drinking water. Details of the potable water system at each location are provided below, and documentation of the arrangements made for potable water delivery is provided in the Hauler Affidavits Tab. • Expected usage: o 75 gallons/day/person o 3,000 — 5,400 gallons/day total • Storage: minimum 24,000 gallons o Approximately7 days capacity • Frequency of delivery: o 160 — 200 barrels (6720— 8400 gallons) every 1-2 days. o During winter operations, water tanks will be kept as full as possible in case winter storms prevent regular delivery • Water system equipment provider: o Thirsty Corporation: Lyle Samuelson (970-945-8729) • Water hauler : o Thirsty Corporation o Contact: Lyle Samuelson (970-945-8729) o Registration number: PWSID# 223741 The proposed temporary employee housing and associated potable water system at this location will provide water to twenty-five (25) people or more. However, this facility meets all of the conditions identified in §1.2 of 5 CCR 1003- 1 for exemption from regulation under the Colorado Primary Drinking Water Regulations. Marathon's potable water contractors will conduct monthly tests and maintain records of stored potable water samples for coli form analysis. Any tests indicating coli form contamination will be disclosed to the Garfield County Board of Health. Marathon will keep appropriate records, which will be provided the County upon request, to demonstrate that water supplied to a site is from an approved source. Special Use Permit Application Narrative December 2007 4 Marathon Oil Company GM Stewart Temporary Employee Housing 2.3 Wastewater System As indicated previously, Marathon is proposing to initially collect and store wastewater (black and grey) on location in skid mounted tanks. Dump stations will collect wastewater from each trailer and transfer the wastewater to storage tanks. Tanks and lines will be insulated and heat -traced to prevent freezing. Wastewater storage tanks will have secondary containment in case leaks occur and will be equipped with high level alarms set to sound when the tanks reach 70% full. Wastewater will be trucked to a permitted disposal facility. Details of the wastewater system at each location are provided below, and documentation of the arrangements made for hauling wastewater is provided in the Hauler Affidavits Tab. • Expected wastewater load: o 75 gallons/day/person o 3,000 — 5,400 gallons/day total ar �• • Storage: minimum 16,000 gallons / 6 ) Cho o 3-5 days capacity • Frequency of pickup: o 160 — 200 barrels (6720— 8400 gallons) every 1-2 days o During winter operations, wastewater vaults tanks will be emptied as often as possible in case winter storms prevent regular pickup • Wastewater system equipment provider: o Ameritech Building Systems, LLC (936-598-6689) • Wastewater hauler: o Down Valley Septic & Drain o Contact: Scott Moyer (970-904-0473) o Disposal Site: West Garfield County Landfill, municipal wastewater treatment plant or other permitted facility Marathon has conducted initial testing and design for the installation of ISDS(s) at this location. Four percolation tests were conducted in the vicinity of the Lay Down Yard to determine the feasibility of installing ISDS(s). The location of one of these tests is indicated on the site plan in the Proposed Location Tab, but the remaining locations are off of the Lay Down yard site to the north-northeast. Although these tests indicated that ISDS(s) likely will be feasible, Marathon would like to investigate onsite wastewater treatment systems as an alternative to ISDS(s) and is currently working with Garfield County staff researching these systems and developing protocol for their use. Therefore, Marathon is proposing to use the vault systems initially but to replace those systems with ISDS(s) or onsite wastewater treatment systems during the summer of 2008. The ISDS(s) or treatment systems will be permitted through Garfield County and/or CDPHE, as appropriate. Special Use Permit Application Narrative December 2007 5 Marathon Oil Company GM Stewart Temporary Employee Housing 2.4 Power Temporary housing facilities will generate electrical power onsite from diesel generators. 2.5 Refuse Each temporary housing unit will have a minimum of the equivalent of one thirty - gallon, bear -proof refuse receptacle. Marathon will use a refuse hauling service to empty the refuse receptacles. Receptacles will be emptied as needed, with a minimum removal of once per week. Refuse will be disposed of at the West Garfield County Landfill or other permitted facility. Marathon will maintain all records including, but not limited to, trip logs/reports and landfill receipts, and all records will be available to the County upon request. Details of Marathon's plan for collection and hauling of refuse at each location are provided below, and documentation of the arrangements made for the hauling of refuse is provided in the Hauler Affidavits Tab. • Description: Refuse trailers will be placed near housing units and will be fully enclosed and have bear -proof doors. • Refuse trailers o 8' x 8' x 6' (384 cubic feet) o 1 or 2 trailers depending upon the number of housing units • Frequency of pickup: o As needed, minimum of once/week • Refuse trailer equipment provider: o Down Valley Septic & Drain o Contact: Scott Moyer (970-904-0473) • Refuse Hauler o Down Valley Septic & Drain o Contact: Scott Moyer (970-904-0473) o Disposal Site: West Garfield County Landfill 2.6 Safety and Emergency Response Temporary employee housing facilities will comply with all Marathon safety practices and emergency response procedures. A copy of Marathon's Emergency Response Plan, which includes emergency contact numbers, is provided in the Emergency Response Tab. Special Use Permit Application Narrative December 2007 6 Marathon Oil Company GM Stewart Temporary Employee Housing A location map for the G.M. Stewart temporary employee housing facilities is included in the Proposed Location tab. This map provides detailed driving directions from the Town of Parachute and GPS coordinates. Marathon will provide a copy of this map to the Garfield County Sheriffs Office and to the Grand Valley Fire Protection District at least 10 days prior to the occupation of the housing at this location. Marathon will reimburse the appropriate emergency service provider for costs incurred in connection with emergency response for activities associated with this project. Temporary employee housing facilities will comply with all IFC fire requirements. Fire extinguishers of a type suitable for flammable liquids or electrical fires (Class B or Class CO, carbon dioxide or dry chemical, will be located in each temporary housing unit. A sufficient number of fire extinguishers will be provided so that personnel do not need to travel more than 100 feet to reach the nearest extinguisher. Smoke alarms and single -station carbon monoxide alarms will be placed in each temporary housing unit. Units equipped with a fire sprinkler system, fire detection system, or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC §901.4 and §901.6. The temporary employee housing at this location will have a water storage tank, with a minimum of 2,500 gallons of stored water, for initial fire suppression and wildland fire protection. 2.7 Food Storage and Preparation In general, outside storage of food is not anticipated and will be prohibited. If such storage is determined to be necessary, Marathon will provide steel, bear - proof outside storage. 2.8 Reclamation The ultimate reclamation of the Lay Down Yard facility will be dictated by the requirements of the CUP from Garfield County that Marathon is seeking for that facility. The CUP application for the Lay Down Yard provides details of the planned reclamation for this facility. The temporary employee housing to be authorized by this SUP is expected to be in use for 4 to 8 years, depending upon Marathon's drilling program. Once the temporary employee housing is no longer needed to support construction operations, all of the housing units and supporting infrastructure (e.g., water storage tanks, wastewater systems, piping, generators, etc.) will be removed from the location. All debris and waste materials associated with the housing will also be removed. Special Use Permit Application Narrative December 2007 7 Marathon Oil Company GM Stewart Temporary Employee Housing Marathon has contracted with Paller & Girard, Inc. to prepare a Noxious Weed Management Plan for all of its operations and a copy of this plan is included in the Weed Management Tab. Control of weeds on these well pads will be performed in accordance with that plan and in accordance with Garfield County requirements. Special Use Permit Application Narrative December 2007 8 LOCATION MAP TAB Garden Gulch Road County Roads Site Area 0 0.5 1 2 3 Miles 1 inch equals 1.5 miles GENERAL LOCATION MAP GM STEWART MANCAMP MARATHON OIL COMPANY SPECIAL USE PERMIT GARFIELD COUNTY, COLORADO REVISION DATE: 09/24/07 REVISION NUMBER 00 DRAWN BY: DD APPROVED BY: BD PROJECT # EG07182 SCALE: AS SHOWN Ailibtaadikh CORDILLERAN PROPOSED LOCATION TAB Driving Directions to Lay Down Yard/GMS Mancamp (GPS Coordinates, 39.565202, -108.187289 [NAD83/WGS84]) - County Road 215 north from Parachute 7.2 miles - Turn left onto Garden Gulch Road 6 miles to guard shack - Turn right at guard shack 5.5 miles to Lay Down Yard/Mancamp on the left Garden Gulch Road County Roads Site Area 0 0.5 1 2 3 1 inch equals 1.5 miles Miles DRIVING DIRECTIONS GM STEWART MANCAMP MARATHON OIL COMPANY SPECIAL USE PERMIT GARFIELD COUNTY, COLORADO REVISION DATE: 09/24/07 REVISION NUMBER 00 DRAW BY: DD APPROVED BY: BD PROJECT # EG07182 SCALE: AS SHOWN Adittiriditika CORDILLERAN HAULER AFFIDAVITS TAB Jul 30 07 11:19a Brooke Caldwell July 30 2007 to: Marathon Oil Company Attention: Don Lafont 5555 San Felipe Houston Tx.77056 970-384-2403 p.1 To whom it may concern: Thirsty Corp. is supplying Marathon Oil Company's drill rigs with our potable water services. To include the following: potable water storage systems, certified potable water, trucking of water and delivery and set up of water system, bi weekly monitoring of system, thru chlorine residual sampling on water deliveries as well as monthly bacteria analyses. The work to be done is located in Garfield and Rio Blanco counties of western Colorado in the Pieeance creek basin. Thirsty Corp. is a Colorado Public Water system and our l.D. 223741. We are happy to assist in Marathon Oil Company with their project. Sincerely, Thirsty Corp Lyle E. Samuelson President POTABLE WATER SERVICE 9otwood Sfu rqa, SO 07/25/2007 09:58 19706252106 DOWN VALLEY SEPTIC PAGE 02/04 DOWN VALLEY SEPTIC 8 DRAIN, INC SCOTT MOYER; OWNER SMELLY PROBLEM SPECIALIST RO. BOX 1989 • RIFLE, CO $1650 970-625-5556 TOLL FREE 866-31-5556 July 25, 2007 Marathon Oil Company Attn: Don Lafont 5555 San Felipe Houston, TX 77056 Re: Vac Truck Services To Whom It May Concern: We, Down Valley Septic are supplying Marathon Oil Company with bear proof roll off trash containers for the construction & to accommodate the Drilling Rigs for Marathon Oil Company's Piceance Project in remote areas on top of the Mesa in western Colorado. As part of these services, we will be supplying a trash truck and maintaining the containers as requested by Marathon Oil Company. The disposal associated with the containers will be hauled off the Mesa and legally disposed of at the Garfield County Landfill. ank you, ofid/ ScottMoyer MUNICIPAL • RESIDENTIAL • COMMERCIAL SEPTIC • SEINER • DRAIN 07/25/2007 09:58 19706252106 DOWN VALLEY SEPTIC PAGE 03/04 DOWN VALLEY SEPTIC 8 DRAIN, INC SCOTT MOYER, OWNER SMELLY PROBLEM SPECIALIST P.O. BOX 1929 a RIFLE, CO 81650 970-625-5556 101.1. FRU 866-311-5556 July 25, 2007 Marathon Oil Company Attn: Don Lafont 5555 San Felipe Houston, TX 77056 Re; Vac Truck Services To Whom It May Concern: We, Down Valley Septic are supplying Marathon Oil Company with vac truck services and general maintenance for the construction & to accommodate the Drilling Rigs for Marathon Oil Company's Piceance Project in remote areas on top of the Mesa in western Colorado. We will be providing maintenance and supplying a vac truck to remove the sewage from the top of the Mesa. The sewage associated will be hauled off the Mesa and legally disposed of at the Garfield County Landfill. ank you, MUNICIPAL • RESIDENTIAL • COMMERCIAL SEPTIC • SEWER • DRAIN 07/25/2007 09:58 19706252106 DOWN VALLEY SEPTIC PAGE 04/04 DOWN VALLEY SEPTIC E DRAIN, INC scort MoYE OWNER SMELLY PROBLEM SPECIALISE P.O. BOX 1929 •RIFLE, co 81650 970425-5556 TOLL FREE 866.31.5556 July 25, 2007 Marathon Oil Company Attn: Don Lafont 5555 San Felipe Houston, TX 77056 Re: Vac Truck Services To Whom It May Concern: We, Down Valley Septic are supplying Marathon Oil Company with porta jons for the construction & to accommodate the Drilling. Rigs for Marathon Oil Company's Piceance Project in remote areas on top of the Mesa in western Colorado. As part of these services, we will be supplying a vac truck and maintaining the porta jons as requested by Marathon Oil Company. The sewage associated with the porta jons will be hauled off the Mesa and legally disposed of at the Garfield County Landfill. Scott Moyer MLIMCIPAL • RESIDENTIAL • COMMERCIAL SEPTIC • SEWER • DRAIN OWNERSHIP TAB Garfield County Parcels Parcels V//, Subject Parcel - 213532100009 0 Site Area Garden Gulch Road 0 500 1,000 2,000 3,000 Feet 1 inch equals 1,500 feet ADJACENT PARCELS GM STEWART MANCAMP MARATHON OIL COMPANY SPECIAL USE PERMIT GARFIELD COUNTY, COLORADO REVISION DATE: 09/24/07 REVISION NUMBER 00 DRAWN BY: DD APPROVED BY: BD PROJECT # EG071 82 SCALE' AS SHOWN Mlitatiake, CORDILLERAN O 4) 44 C '0 O U o O U ui OLE utla BOput O; coonf Muir lumyyl i O C _ 1 eC.: O - - � • o 4 P S . O e -� p S A-- 5 0 p c 9 a S p \ I .. vo ,»k. S -.. S y Y. i i 9 _o ,. \^ 7 l-,4 ,__ _, p x P ear i .a iY.. - - lumyylpY Berry Petroleum Company Chevron USA Inc. Savage Limited Partnership I Attn: John Savage EnCana Oil & Gas (USA) Inc. LIST OF ADJACENT SURFACE OWNERS 950 17th Street, Suite 2400 Denver, CO 80202 0/0 Chevron Texaco Property Tax P.O. Box 285 Houston, TX 77001 Attention: Kevin Goldstein 11111S. Wilcrest, Room N1045 Houston, TX 77099 5953 County Road 320 Rifle, CO 81650 c/o Logan & Firmine 3615 S. Huron St., Ste. 200 Englewood, CO 80110 LIST OF MINERAL OWNERS Berry Petroleum Company 950 17th Street, Suite 2400 Deriver, CO 80202 John R. & Margaret K. Latham P.O. Box 441 Julie Anne & Thomas A. Cox Collbran, CO 81624-0441 DEED AND LEGAL DESCRIPTION TAB Legal Description Parcel 213532100009 - Berry BE PETROLEUM COMPANY 50 17TH STREET STE 2400 DENVER, CO 80202 Legal Description SECT,TWN,RNG:32-5-96 DESC: SEC 29 SU2SW, S1/2SE, SEC 32 N1I2NE, SWNE, NW, DESC: N1/2SW, SESW, SE, SEC 33 SW BK:0256 PG:0504 BK:1863 PG:0987 RECPT:711208 BK:1863 PG:0984 RECPT:711207 BK:1863 PG:0981 RECPT:711206 BK:1853 PG:367 RECPT:709024 BK:0946 PG:0588 BK:0946 PG:0590 BK:0662 PG:0311 Olo.O0,7-Cw; Whea recorded retire Si Elizabeth A. Stanch Esq. HOLLAND& HART, LIP P. O. Box 6119 Denver, CO 80201 1111111 Hill 111111 11111 1111 1111 111111 III 11111711206 11/16/2006 03:44P 81863 P98/ ALSDORF 1111 1 of 3 R 16.00 D 121.48 GARFIELD COUNTY CO SPECIAL WARRANTY DEED THIS DEED, made this 13L'bay ofNovember, 2006, between Thomas F. Latham of the County of Mesa, State of Colorado, grantor and Berry Petroleum Company, a Delaware corporation whose legal address is 95017' Street, Suite 2400, Denver, Colorado 80202, of the City and County of Denver, State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of One Million Two Hundred Fourteen Thousand Seven Hundred Eighty Dollars ($1,214,780.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presenia does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, ifany, situate, lying and being in the County of Garfield, State of Colorado, described as follows: All of the interest of the grantor, being an undivided one-half interest, in and to the real propeny described on Exhibit A, attached hereto and by Ibis reference, made a pan hereof also known by street and number as: vacant land TOGETHER with all and singular the heredilaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders,renls, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, SUBJECT TO the Permitted Exceptions set forth on Exhibit B, attached hereto and by that reference made a pan hereof; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, its successors and assigns forever. The grantor, for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, its successors sod assigns, against all and every personoreasons claiming the whole or any part thereof, by, through or under the grantor. RESERVING unto grantor a non-exclusive easement over and across those existing two. track roads crossing the following lands: Section 29: SW%SE'/e, SE%SE'/.; Section 32: NEY.NE%; and Section 33: NW%SW'/., SW%SW %; all in Township 5 South, Range 96 West of the 6a P.M., County of Garfield, State of Colorado; for purposes of ingress and egress to the adjacent property currently owned by grantor which is described as: Section 1: Lots 9 and 16; and Section 2: Lots 11, 12,13,14 and NViSE%ti all inTownship 6 South, Range 97 West of the 6' P.M., County of Garfield, State of Colorado (the "Retained Property); in connection with the residential, ranching, or recreational use of the Retained Properly by the owner thereof. Grantee shall have the right to relocate the access road used by grantor at any time, so long as the relocated access road provides reasonably equivalent access to the Retained Property. IN WITNESS WHEREOF, the grantor has executed This dad on the date set forth above. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) TThomas The foregoing instillment was ackrrowledged before me on this j day of November, 2006, by Thomas F. Latham. �'reee_.-4149,11)14$ -Qty hand and official sea. DrINkf iihplite 'E.Pires: NOTARY Piir,LIC STATE OF COL011/%f:1,my Commissbn P..,4""*"' 09127/OUJ� Notary Public ��2 111111 11 HOU 111111111 111 FIR I II111111111111 ! 711 6 1 /15/2006 03:44P 81863 P982 h ALSDORF 2 of 3 R 16.00 D 121.48 GRRFIELD COUNTY CO Pa el I To nsh Parcel 2 T S South Rance ection 29: S%: S ection 32: NE'/. rt of) Tax Parcel 5South Ran9 ection 32: SE'/. ection 33: SW% (emaining part of) Par el 3 To*nsh 6 South Ran • e ection 1: Lots art of) Tax Parcel 1 EXHIBIT "A" West of the 6'h P.M. : [160 acres] E'h, N W %, N%, SW'/., SE'/. S W'%, W% NE'/., [400 acres] o. 213532100009 [560 acres more or less] West of the 6'h P.M. Parcel No. 213532100009 [320 acres] West of the 6" P.M. 11, 12, 15, 17, 18, 19,22,23 and 24 o. 216901100001 [334.78 acres more or less] all n the County of Garfield Colorado, 1111111 11111 1111111 1110 11311111 11111 11111111 ' 711206 11/15/2006 03:44P 61863 P983 M ALSDORF 3 of 3 R 16,00 D 121.48 GRRFXELD COUNTY CO Exhibit B 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. This paragraph intentionally deleted. 5. This paragraph intentionally deleted. 6, Taxes and assessments for 2006 and subsequent years, a lien not yet due or payable. 7. This paragraph intentionally deleted. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of way for ditches or canals constructed by the authority of the United Stales, as reserved in United Stales Patent recorded January 16, 1925 in Book 112 al Page 424 and reservation of all oil and gas, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of July 17, 1914 in said Patent, and any and all interests therein or assignments thereof. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded May 14, 1940 in Book 194 at Page 615 and reservation of all coal and other minerals, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 in said Patent, and any and all interests therein or assignments thereof. Right of way for ditches or canals constructed by the authority of the United Stales, as reserved in United States Patent recorded January 28, 1043 in Book 208 al Page 138 and reservation of all coal and other minerals, together with the r hl to prospect for, mine and remove the same pursuant to the provisions and limitations of th kct of December 29, 1916 in said Patent, and any and all interests therein or assignments thereof. 12. Reservations, conditions and stipulations contained in United States Patent No. 1431391 recorded April 10, 1951 in Book 257 al Page 543 including, but not limited to the following: • That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper and other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on July 12, 1949. That should any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above- described premises at said last-named dated, the same is expressly excepted and excluded from these presents. Right of way for ditches or canals constructed by the authority of the United States. 13. Reservation of all minerals, together with the right to prospect for, mine and remove the same as reserved by Redd Ranches in Warranty Deed recorded December 20, 1963 in Book 355 at Page 5, and any and all interests therein or assignments thereof. 14. Conveyance to Ruth Latham of an undivided one-half interest in and to all minerals owned by Latham Ranches in Warranty Deed recorded August 20, 1987 in Book 719 at Page 510, and any and all interests therein or assignments thereof. 15. Lack of a right of access to and from the subject property. Ola ooa1 -[ wT 11111111 1111 1111111 11111 111111111111111111111111 111111111 711207 11/15/2006 03:46P 61863 P984 11 ALSDORF 1 of 3 R 16.00 D 121.48 GARFIELD COUNTY CO Wtna recorded return lo: Elizabeth A Starer, Esq. HOLLAND @ HART, LLP P. 0. Box 8749 Denvcr, CO 80201 PERSONAL REPRESENTATIVE'S DEED THIS DEED is dated November , 2006, and is made between Karen Lee Latham and Ginger Latham, as Co -Personal Representatives of the estate of Charles Harvey Latham, deceased, "Grantor" and Berry Petroleum Company, a Delaware corporation, "Grantee," whose legal address is 950 IT. Street, Suite 2400, Denver, Colorado 80202, of the City and County of Denver, State of Colorado. WHEREAS, the decedent died on April 16, 2004 and Grantor was duly appointed Co - Personal Representatives of said estate by the District Court in and for the County of Mesa, Stale of Colorado, Probate No. 04 PR 116, on the date of April 28, 2004, and is now qualified and acting in said capacity; NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unlo Grantee, for and in consideration of One Million Two Hundred Founean Thousand Seven Hundred Eighty Dollars (S1,214,780.00), the following described real property situate in the County of Garfield, State of Colorado: All of the interest of the Grantor, being an undivided one-half interest in and to the real property described on Exhibit A, attached hereto and by this reference made a part hereof also known by street address as: vacant land and assessor's schedule or parcel number: See Exhibit A, attached hereto and by this reference made a part hereof. With all appurtenances, SUBJECT TO the remitted Exceptions sat fonh on Exhibit B, attached hereto and by that reference made a pan hereof. RESERVING unto Grantor a non-exclusive easement over and across those existing two - Pack roads crossing the following lands: Sidon 29: SW' SEY, SEV.SEY; Section 32: NB%NEF.; and Section 33: NWFSW F., SW%SW'/.; all in Township 5 South, Range 96 West of the 6^ P.M., County of Garfield, State of Colorado; for purposes of ingress and egress to the adjacent property currently owned by Grantor which is described as: Section 1: Lots 9 and 16; and Section 2: Lots 11, 12, 13, 14 and WASE'/.; all in Township 6 South, Range 97 West of the 6° P.M., County of Garfield, State of Colorado (the "Retained Property); in connection with the residential, ranching, or recreational use of the Retained Property by the owner thereof. Grantee shall have the right to relocate the access road used by Grantor at any time, so long as the relocated access road provide reasonably equivalent access to the Retained Property. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Grantor: Co -Personal Representatives of the estate of Charles Harvey Latham, Deceased Karen Lee Latham STATE OF COLORADO ) DENN )ss. ROOF —J COUNTY OF GARFIELD ) NOTARY r UBLI C STATE OF COLO PIA .•O The foregoing instniment was acknowledged before me this I3 day of liN•Er6BNissL.n l:. - - ` 2006, by Karen Ise Latham and Ginger Latham as Co -Personal Representatives of the estate of " -' V'•4'r2U0B Charles Harvey Latham, Deceased, WITNESS my hand and official seal - Mycommissionexpires: 91s-‘1orj . -�"�-- — Not 1'n s ‘a�.y8 .tea 11111111 111 1111111 111111111 1111 1111111111 1111 11111111 711207 11/15/•006 03:46P 81863 P985 11 RLSDORF 2 of 3 R 16.0% D 121.48 GRRFIELD COUNTY CO EXHIBIT "A" Parcel 1 Townshi. 5 Sou h Ran•e 96 West of the 6'h P.M. Section 9: S''h S''/n [160 acres] Section 2: NE%. NE'/., N W'/,, N% SW'/., SE'/, SW'/, W'/: NE'/., [400 acres] (part of) Tax Parcel No. 213532100009 [560 acres more or less] Parcel 2 Township 5 South Range 96 West of thee P.M. Section 32: SE'/. Section 33: SW'/. (remaining part of) Tax Parcel No. 213532100009 [320 acres] Parcel 3 Township 6 South, Range 97 West of the 6'h P.M. Section I: Lots 10,11, 12, 15, 17, 18, 19, 22, 23 and 24 (part of) Tax Parcel No. 216901100001 [334.78 acres more or less] all in the County of Garfield, Colorado, 111111111111111111111111111111111111111111111111111111 711207 11/15/2006 03:46P B1863 P986 M RLSDORF 3 of 3 R 16.00 D 121.48 GARFIELD COUNTY CO Exhibit B 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. This paragraph intentionally deleted. 5. This paragraph intentionally deleted. 6. Taxes and assessments for 2006 and subsequent years, a lien not yet due or payable. 7. This paragraph intentionally deleted. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved M United States Patent recorded January 16, 1925 in Book 112 at Page 424 and reservation of all oil and gas, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of July 17, 1914 in said Patent, and any and all interests therein or assignments thereof. 10. Right ofway for ditches or canals constructed by the authority of the United Stales, as reserved in United States Patent recorded May 14, 1940 in Book 194 at Page 615 and reservation of all coal and other minerals, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 in said Patent, and any and all interests therein or assignments thereof. 11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 28, 1943 in Book 208 at Page 138 and reservation of all coal and other minerals, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 in said Patent, and any and all interests therein or assignments thereof. 12, Reservations, conditions and stipulations contained in United States Patent No. 1431391 recorded April 10, 1951 in Book 257 at Page 543 including, but not limited to the following: • That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper and other valuable deposits which may have been discovered within said limits subsequent to and which were not known to exist on July 12, 1949. • That should any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, be claimed or known to exist within the above- described premises at said last-named dated, the same is expressly excepted and excluded from these presents. • Right of way for ditches or canals constructed by the authority of the United States. 13. Reservation of all minerals, together with the right to prospect for, mine and remove the same as reserved by Redd Ranches in Warranty Deed recorded December 20, 1963 in Book 355 at Page 5, and any and all interests therein or assignments thereof. 14. Conveyance to Ruth Latham of an undivided one-half interest in and to all minerals owned by AGENT DESIGNATION TAB %M) Marathon A MAaoa 011 Company November 13, 2007 Berry Petroleum Company 950 17th St, Suite 2400 Denver, CO 80202 Attn: Mary Ann Adams Peggy A. Gilbert, C.P.L. Senior Land Professional U.S. Land U.S. Production P. 0. Box 3487 Houston, Texas 77253-348 5555 San Felipe Houston, TX 77056-2725 Telephone 713/296-3333 Fax: 713/499-6769 Email: ppilbert4MarathonOil.com Re: Special Use Permit for Mancamp for GM Stewart Company Garfield County, Colorado S/2 Section 32-T5S-R96W Gentlemen: Marathon Oil Company ("Marathon") is requesting a Garfield County Special Use Permit for a Mancamp for the GM Stewart Company which is located in Marathon's Laydown Yard in the S/2 of Section 32, Township 5 South, Range 96 West, 6th Principle Meridian. This surface is owned by Berry Petroleum Company ("Berry"). Marathon respectfully requests permission from Berry to pursue a Special Use Permit for this Mancamp. Please indicate your permission by signing in the space provided below. Sincer 4.5 Peggy A. Gilbert, C.P.L. Senior Land Professional PERMISSION IS HEREBY GRANTED TO MARATHON OIL COMPANY TO OBTAIN A SPECIAL USE PERMIT FOR MANCAMP ON THE LAND DESCRIBED ABOV By: JJn te rCG �Ycc Name & Title: Ns P'tatnW EMERGENCY RESPONSE TAB Marathon Oil Company Rockies Gas — Piceance Gas Field Emergency Response Plan Table of Contents 3 Plan Approval Signature Page 4 Purpose 4 Scope 5 Introduction 5 Emergency Response Actions 5 Fire 6 Natural Disasters 7 Well Control Emergency 8 Spills 11 Colorado Spill Guide 13 HES Reports 17 Emergency Flowcharts & Communication Guidelines 18 Decontamination 18 Collection and Disposal of Contaminated Waste Procedures 19 Personnel Protective Equipment 22 Response Management System 23 Marathon Emergency Contact Numbers 2 Rockies Gas - Piceance Emergency Response Plan Approval: John Weust, EPG Coordinator - North America Bob Coleman Rockies Gas Operation Manager 3 I. Purpose The purpose of the Rockies Gas - Piceance Emergency Response Plan (ERP) is to establish guidelines enabling the various management levels to organize and implement efficient emergency operation "Command and Control." Marathon utilizes the Incident Command System (ICS) and Response Management System (RMS) to respond to emergencies. Each asset team within the Business Unit has an ICS structure. The overall strategic objectives in any emergency response will be as follows: • Maximize personnel and public safety; • Identify, isolate, and control source; • Maximize protection of environmental, social, and economically sensitive areas; • Minimize long term impacts on wildlife; • Minimize secondary environmental impacts from wastes; and • Establish a positive relationship with agencies. Marathon prevents emergency situations by following preventive maintenance and housekeeping procedures. As stated in Marathon's Corporate Emergency Preparedness Policy & Plan, "Prevention is always the solution of choice; however, plans, resources, and execution remain the key elements of emergency preparedness." In addition, Marathon has a defined safety program that is utilized during our daily operations. The various plans and procedures that comprise Marathon's Safety Program are kept electronically on the HES Home Page. Most, if not all, of the policies and procedures will apply during emergency response activities. 11. Scope The Marathon ERP is an "all hazards" plan. It contains established guidelines for effectively managing these hazards and the names of organizations/agencies to be notified in the event of an emergency situation. The plan addresses the following emergency situations (including, but not limited to): • Spill Events (i.e.; oil spills, produced water spills, etc); • Uncontrolled Releases (i.e.; well blowouts); • Catastrophic Events (i.e.; injuries, property losses, etc); • Fires; • Natural Disasters; and • Terrorist Threats and/ or Incidents. 4 III. Introduction This ERP provides Marathon employees with plans of action during foreseeable emergencies. Task supervisors will provide specific directions to the employees, contractors, and visitors in each situation as conditions warrant. Appropriate supervisors and managers must become thoroughly familiar with this plan and must initiate the emergency plans and procedures when and where necessary. Throughout this plan, the term task supervisor refers to the Marathon employee in charge of a particular work activity. Task supervisors will inform personnel of the hazards, risks, emergency plans, and procedures concerning their operations. During emergencies, personnel should be instructed to take control and prevention measures if they can be performed safely. Personnel safety must be the first consideration. Proper and adequate information and training is essential in order to assure proper actions are taken during emergencies. In most cases, the quick action of employees during the initial stages of an emergency make the difference between handling a dangerous situation safely and one which can result in property loss and injuries. IV. Emergency Response Actions Fire In case of a fire at any Marathon Oil Company facility, action should be designed to protect human life and control the emergency as rapidly as possible. All steps should be considered; however, timing of these steps may be altered to the individual circumstances to best accomplish these objectives. Immediate Action 1. Analyze the type of fire; call 911 as appropriate for your area. If the fire is not beyond incipient stage, attempt to extinguish fire using appropriate equipment and methods, if trained to do so. If the fire is beyond incipient stage, evacuate and secure the area until the fire department arrives. 2. Make sure that the fire department has adequate directions to the facility. Inform the fire department if sour gas is present. 3. Shut off all feeder lines into the facility/installation. 4. Cut off all electrical power in area of fire. 5. Account for personnel who may have been in the area at the time. In the event of injury, call for medical service. 6. Remove unauthorized personnel and isolate the area. Notify local law enforcement agency and request assistance if necessary. 5 7. If liquid hydrocarbons or gas are in the storage tanks or gas plant, pump or flow from the affected installation when practical. 8. If oil is flowing or spilling on the ground, call a service company to dig earthen pit at safe distance so that oil can flow and collect in the pit. Make every reasonable effort to keep flowing oil out of streams, draws, and drainage ditches. Activate spill containment and cleanup procedures, if applicable. 9. Make arrangements for continuous water supply. 10. Maintain a safe working distance from fire at all times. Secondary Action 1. The Production Supervisor and/or their designee will notify the Operations Manager and appropriate government agencies 2. Route all questions from the press or other sources concerning the situation to the Region's Public Affairs Officer and/or Incident Commander. 3. If fire suppression is not achieved within a reasonable period of time, call a conference with the Chief Fire Officer, Supervisor, Operations Manager, service companies, and other Marathon personnel who may be present, and consider alternate methods to control the blaze. Pre -fire Preparations Assign specific duties to the Field Operators, Field Technicians, Production Leaders, Production Supervisor and other personnel to execute in case of a fire. Natural Disasters All actions should be designed to protect human life and safeguard against a disaster. All steps listed should be considered; however, timing of these steps may be altered to fit the individual circumstances. Severe weather and forest fires are a threat in the Rockies Gas - Piceance area. When an area is threatened, protection of the employee is the primary concern. When sufficient notice is available, take whatever steps possible to minimize property damage such as: 1. Store and/or secure all drums, buckets, signs, and other small objects which might blow away. 2. Remove equipment easily moved from the area. 3. Board up windows, secure doors in buildings. Secure equipment as necessary. 4. Evacuate unnecessary mobile equipment and personnel to a safe location. 5. If time permits, start filling tanks and thin-walled vessels with water, shut-in wells and associated facilities. Post Disaster Activities 1. Make contact with CERT, local Disaster and Emergency Services, law enforcement, Red Cross, or other disaster agencies. 6 2. Make available to the community the equipment, materials, and manpower to restore essential services and to accomplish rescue work. 3. Survey damage to company properties and report to the production supervisor and Asset Team Manager. 4. If necessary, implement spill containment and cleanup activities. 5. Make photographic record of damage to company facilities for insurance purposes. 6. Restore undamaged properties to production. 7. Through Business Unit Management, establish procedures to be followed, with respect to possible insurance claims, in restoring damaged facilities to production. 8. Prepare a complete report covering damage. Well Control Emergency The on-site drilling supervisor/engineer is responsible for immediate actions to be taken at the well site. As soon as possible, he should notify the Drilling Superintendent to request assistance in calling out the necessary support services. The Drilling Superintendent will also be responsible for activating Marathon's Incident Command System and ensuring that applicable regulatory agency notifications are made. In the case of the loss of well control, action should be designed to protect human life and control the disaster as rapidly as possible. All steps should be considered; however, the timing of these steps should be altered to fit individual circumstances. 1. If a rig is on location, shut down all engines and evacuate all personnel to a safe distance. Account for all personnel. 2. Move all vehicles out of the immediate area and clear location of all other equipment that can be safely moved provided there is no danger of explosion. 3. Call out needed fire fighting equipment as available. 4. Alert medical and ambulance services, and call out what is deemed necessary. 5. Notify the nearest law enforcement agency; request their assistance to seal off the area from sightseers. 6. If loss of well control does occur within a populated area, immediately dispatch the necessary personnel to evacuate the area with the help of local law enforcement personnel. Contact the local Disaster and Emergency Services office. 7. Make arrangements to obtain a continuous water supply. 8. If the well is blowing out liquid formation fluids, call out the equipment and personnel necessary to construct barriers to contain these fluids. 7 9. Notify the Drilling Superintendent, or highest level of operations supervision, which can be contacted. Request they notify the Business Unit's Upper Management, Government Agencies, well control specialists, CERT, other working interest owners, the landowner, and the contractor's management. 10.Order the necessary safety equipment, such as air tanks and masks in case of sour gas, brass tools, etc. 11.Order the necessary mud materials, and mixing and pumping equipment. 12. Lay kill lines from a safe location to the well. 13. Mix mud if required to kill well. 14. Cooperate with the professional well control specialists to secure all necessary special tools and services as rapidly as possible. 15.Once the well is brought under control, install the appropriate wellhead equipment and/or plug the well with cement after securing permission from the appropriate responsible company management and regulatory agencies. Preliminary Precautions All on-site drilling supervisors/engineers should have updated kill sheets prepared on a location during the drilling of the well. All BOP equipment should be tested on a regular basis to insure that they are operable. H2S monitors and personal protective equipment (SCBAs, air lines etc) shall be on location prior to drilling into any formation known or suspected to contain H2S. Rig personnel shall be trained in the use and operation of this equipment. This determination can be made by reviewing the CERCLA/SARA document or by contacting the HES Department. Spills All oil spills, regardless of the quantity, shall be reported to the respective area Production Supervisor. The Production Supervisor and/or their designee shall then use the charts contained in this manual to determine if the spill is reportable. If the spill is determined to be reportable, the Production Supervisor will be responsible for notifying the proper federal/state and local authorities, the area's Operations Manager and HES Department of the spill. If additional Marathon Oil Company resources are needed to respond to the spill, the Production Supervisor shall inform the Operations Manager of this need. The Operations Manager will be responsible for obtaining the additional MOC resources that are needed to respond to the spill (i.e. activating the Incident Command System). Gas leaks and gas line breaks shall be reported in the same manner as oil spills. Venting of gas from tanks, pressure relief valves, etc. is not reportable under this section. However, these types of releases may be reportable under Federal regulations (CERCLA/SARA) or under the State Air Quality Agency regulations. In the case of an oil spill/gas leak from a producing well, a testing vessel, a tank, flow line or any other related oil field equipment, action should be designed to protect human 8 life and control the spill as rapidly as possible. All steps should be considered carefully; however, the timing of these steps should be altered to fit the individual circumstances. 1. An employee sighting a spill shall identify the safety concerns and analyze the type of spill to determine the immediate action to be taken to shut off the source of the spill, and to contain the oil released. 2. Obtain labor and equipment from the nearest source to construct a containment barrier as rapidly as possible. 3. If this is only a temporary measure and earth moving equipment is required, call out the necessary equipment from the source from which it is most readily available. 4. Employ the use of the most readily available absorbent material (straw, dirt, lost circulation material). When the location is a heavy clay soil, dirt will be ineffective. 5. If practical, call for a vacuum truck to pick up hydrocarbons. 6. Collect lighters and matches from personnel working in the area to assure an explosion or fire does not occur. 7. Restrict entry into affected area to persons involved in containment and cleanup operations. 8. Notify Operations Manager of spill and action being taken. The Operations Manager will notify the Business Unit's upper management of the spill. 9. Keep livestock away from affected area and if practical, notify the farmer or rancher of the situation. 10. The Production Supervisor will notify the required regulatory agencies. 11. With any oilfield operation personnel should always be aware of the possible presence of H2S gas. 12. In the event the spill results in curtailing deliveries, the Production Supervisor will notify the crude oil purchaser. 13. The Duty Officer at the National Response Center must be notified immediately when a spill reaches "waters of the U.S.", or it appears certain that the spill will reach "waters of the U.S." Minor Spills 1. If the spill is minor sorbent material should be spread on the spill and collected afterwards. 2. Attempts should be made to cleanup any shoreline and recover as much oil as possible. Major Spills In all probability, a major spill (greater than 20 bbls) will initially require two basic efforts: stop the leak, and contain the spill. Stopping the leak may require other outside 9 services such as well control specialists, a drilling or workover rig, pipeline repair crew, etc. Requirements should be determined and action initiated as soon as possible. 1. To contain the spill, if a containment boom is readily available, order it out immediately and commence skimming operations as soon as possible. 2. If a contract or coop-containment service is to be employed, it should be mobilized without delay. 3. If weather and water conditions are such that the time required to implement containment will permit the spill to spread beyond possible containment; sorbent material should be spread on the spill. 4. Work sites for each facility shall be pre-selected, marked as such and made known to the employees who will be involved in spill control activities for the facility. 5. In shallow water, containment should be attempted by sorbent material, boom, or dikes. 6. If sorbent material has been employed, the local air control agency should be contacted for permission to burn the collected material. 7. When applicable, aircraft should be employed to discourage waterfowl from staying in the spill area. 8. A photographic record of the spill movement, containment and cleanup operations, damage to property, fish kills, efforts to disperse waterfowl, waterfowl kills, and other relevant actions should be kept. Produced Water Spills In the event of a produced water spill from a producing well, test vessel, tanks, flow line or any other related oil field equipment, action should be taken to shut off the source and contain the spill as rapidly as possible. All steps should be considered carefully, however, timing of these steps should be altered to fit the individual circumstances. 1. Shut off the source feeding the spill, analyze the type of spill and determine the best immediate action to be taken to control the spill. 2. Obtain labor and equipment from the nearest source to construct a containment barrier as rapidly as possible. 3. If practical, call for a vacuum truck to pick up any produced water. 4. Restrict entrance to affected area by persons not involved in containment and cleanup operations. 5. Notify Operations Manager of the spill and action being taken. The Operations Manager will notify the business Unit's upper management of the spill. 6. Keep livestock from the affected area; if practical, notify the farmer or rancher of the situation. 7. Be aware of the possible presence of H2S gas. 8. The Production Supervisor will notify the appropriate regulatory agencies. 10 Colorado Spill Reporting Guidance Spills creating a sheen on navigable waters require immediate reporting to the U.S. Coast Guard's National Response Center, (800) 424-8802. Anv spill affecting waters of the State must be reported both to the Colorado Department of Public Health & Environment (CDPHE) and the Colorado Oil & Gas Conservation Commission (COGCC) as soon as practical after discovery, with written notification to be provided within five days. Any spill impacting residences, occupied structures, livestock, or public byways must be reported to the COGCC as soon as practical after discovery. Any spill of 5 bbls or more must be reported in writing to the COGCC within 10 days, using Form -19. Anv spill of 20 bbls or more to land (including lined dikes) must be verbally reported within 24 hours to the Colorado Oil & Gas Conservation Commission (COGCC). For any spill resulting in the death of fish or wildlife contact the Colorado Division of Wildlife. In certain situations, spills of selected chemicals released to the environment, over a specified reportable amount, may also be reportable to local, state, and federal agencies. See the following page for the CERCLA and SARA lists of reportable quantities and guidelines. Reporting required for CERCLA substances is reportable to NRC, SERC and LEPC. However, for SARA substances reporting is only to the SERC and LEPC, with NRC reporting not required. Also note that CERCLA reporting is not required for substances naturally occurring in the spilled produced hydrocarbon, due to the CERCLA production waste exclusion. Phone Numbers • Colorado Oil & Gas Conservation Commission (COGCC) o Denver: 303-894-2100 o 888-235-1101 (spill line) o 303-894-2109 (fax) o Parachute: 970-285-0232 • Colorado Department of Public Health & Environment o Denver: 877-518-5608 (24 hr. hotline) o 303-759-5355 (fax) • Colorado Division of Wildlife, Grand Junction: 970-255-6100 • National Response Center (NRC): 800-424-8802 • CO Emergency Planning Commission (CEPC): 303-692-3300 • Garfield County Emergency Planning Commission (LEPC): 970.945-0453 11 OIL SPILL AND HAZARDOUS SUBSTANCE RELEASE REPORT FORM MARATHON OIL COMPANY, PICEANCE OPERATIONS SPILL DATE AND TIME DATE & TIME SIGHTED Sighted By ESTIMATED SPILL DATE AND TIME Month Day Year Time AM PM Month Day Year Time AM PM Surface Owner SPILL VOLUMES Total Spill Volume Volume Returned to Production Volume Removed from the Environment but not Returned to Production (Burned, Absorbed, Etc.) 80 BW HZS OTHER BO BW H25 OTHER 80 BW H2S OTHER Lease Number Surface Owner LOCATION OF SPILL Qtr Qtr Sec Twp Range Specific Location (Well No., Battery, etc.) County State Lease Number Surface Owner SPCC PLAN (Identify the appropriate SPCC plan which applies to this spill or release below.) WEATHER Clear Cloudy Fog Rain Snow Ice Wind Velocity & Direction Temperature °F DESCRIPTION OF LEAK LOCATION, SPILL PATH, EXTENT OF SPILL, RESULTANT DAMAGE: WATER AFFECTED (Name of water, volume entering): CONTAINMENT (How the release was controlled), RECOVERY, INTERIM & FINAL CLEANUP MEASURES (Provide times, dates, and employee responsible): CAUSE OF SPILL AND ACTION TAKEN TO PREVENT REOCCURRENCE: ADDITIONAL SARA EMERGENCY NOTIFICATION REQUIREMENTS: OTHER PERTINENT COMMENTS: 12 National Response Center Reporting Checklist Report Spills to the NRC at: 1-800-424-8802 REPORTING PARTY SUSPECTED RESPONSIBLE PARTY Last Name: Last Name First Name: First Name: Phone: Phone: Company: Company: Position: Position: Address: Address: City: City: State/Zip: State/Zip: Were materials released? 9 Yes 9 No Request Caller Confidentiality? ❑ Yes No 9 Meeting Federal Requirements by Calling for Responsible Party? 9 Yes 9 No Incident Source and Cause Source/Cause: Date: 9 Occurred 9 Discovered Time: Type: 0 Air ❑ Fixed Facility 0 Highway 0 Marine ❑ Offshore 0 Onshore 0 Unknown 0 Pipeline 0 Grade Crossing 0 Railroad Cause: 0 Dumping 0 Equipment Failure 0 Natural Phenomenon 0 Operator Error 0 Transport Accident 0 Unknown Railroad Hotline? ❑ Yes 9 No Vessel/Vehicle Number: Continuous Release Type: Continuous Release #: INCIDENT LOCATION Incident Address/Location: Nearest City: State: County/ZIP: Distance from City: Direction from City: Section: Township: Range: Container Type: Capacity Facility Capacity: Latitude: Longitude: Offshore Area ID: Block: Milepost: 13 MATERIAL INVOLVED CHRIS Code Amt_ Unit_ Material Amt in Water Name Unit CHRIS Code Amt_ Unit Material Amt in Water Name Unit CHRIS Code Amt_ Unit_ Material Amt in Water Name Unit CHRIS Code Amt_ Unit Material Amt in Water Name Unit CHRIS Code Amt_ Unit Material Amt in Water Name Unit CHRIS Code Amt_ Unit Material Amt in Water Name Unit REMEDIAL ACTION Actions Taken: Air Corridor Closed? ❑ Yes ❑ No Roads Closed? ❑ Yes 9 No Number of Injuries: Number of Fatalities: Evacuations: 9 Yes 9 No Number Evacuated: Damage? 9 Yes 9 No Damage in Dollars: Medium Affected: CALLER NOTIFICATIONS 0 Environmental Protection Agency 9 US Cost Guard 0 State Agency ❑ Other NRC REPORT NUMBER#: This number is assigned by a NRC Duty Officer upon receipt of the report. 14 Terrorist/Bomb Threat If a terrorist or bomb threat is received by phone at any Marathon Location or facility the person(s) receiving the call should try to remain calm and courteous. They should listen, not interrupt the caller, and attempt to determine as much of the following information as possible. Date: Time: Exact words of the person placing the call: Questions to ask: 1. What is your name? 2. When is the bomb going to explode? 3. Where is the bomb right now? 4. What kind of bomb is it? 5. What does it look like? 6. Why did you place the bomb? Try to determine the following (circle as appropriate): Sex: Male Female Age: Adult Juvenile Voice: Loud Soft Deep High Raspy Intoxicated Other: Speech: Fast Slow Distinct Distorted Stutter Nasal Slurred Lisp Other: Language: Excellent Good Fair Poor Foul Other: Manner: Calm Angry Rational Irrational Coherent Incoherent Deliberate Emotional Righteous Laughing Background Office Factory Bedlam Street Airplanes Music Noise: Machines Machines Trains Traffic Quiet Voices Animals 15 Additional Information: Receiving telephone number Name of person who received call The person receiving the call should immediately notify the production supervisor. The need to evacuate the building and/or facilities should be determined immediately. Local law enforcement personnel should also be contacted immediately and provided the information above. Sabotage If sabotage is thought to be the cause of an emergency at any Marathon Facility, the following steps should be taken: • Local law enforcement should be contacted immediately. • Secure the area and do not touch any of the sabotaged or damaged equipment unless, the protection of personnel, public, and/or the environment is in danger (spilling of product, fire potential, etc) and requires the equipment to be touched, moved and/or operated. If equipment must be moved and or operated to protect personnel or the environment (and conditions allow) try to document (with pictures, drawings, etc) how the equipment was found before moving. EMERGENCY FLOWCHARTS Marathon Employee Injury Marathon Occupational Injury & Illness Form 191 Contractor Injury Flowchart (Contractor Occupational Injury and Illness Form) V. Communication Guidelines Communications during an emergency incident will be accomplished using cellular telephones, land line telephones, and/or two-way radio. Other forms of communication may include e-mail, for example, to record communications to agencies or corporate personnel. For areas where cell phone Overage is not available, emergency personnel will locate and travel to the nearest cell s rvice area. During an incident, radios will be used for emergency use only. Communications during emergencies must be accurate and concise. Non -emergency related radio communications are not allowed during an incident. Some areas may have designated frequencies for use in emergencies only. 16 It is imperative that all cellular phone users have one spare battery and charger to ensure that they have adequate battery back up during any emergency response. VI. Decontamination • A decontamination plan should be developed prior to conducting operations in areas where the potential for exposure to hazardous substances exists. The type and extent of decontamination will vary with the hazard of the chemical substances and degree of contamination. The type and level of decon can be found Marathon's emergency preparedness group website. • The following guide is offered for setting up a decon area. Estimated boundary of area with highest contamination t � r 1 r 1 rr Contamination ", Control Line ti - 1 1• 11 • Support Zone Access Control Pointe. Contamination Reduction Corridor. Contamination Reduction Zone ICRZ). Exclusion Zone. Q Command Post Prevailing wind direction Note. Area dimensions not to scale. Distances between points may vary. VII. Collection and Disposal of Contaminated Waste Procedures Step 1: Waste Segregation Waste and recovered material must be segregated by type. The presumption is that any waste which has come into contact with oil is considered hazardous waste. It will 17 be considered hazardous waste unless and until a waste characterization has been performed by the HES Group. Step 2: Waste Collection At sites where oil is being recovered, set up the following containers for collection (at a minimum): • 1 — Lined dumpster for used sorbents • 1 — Lined dumpster for PPE • 1 — Container for recovered oil, as needed (Ex. frac tank) • 1 — Dumpster for non -contaminated debris (Ex. brush) Step 3: Temporary Storage Waste materials must not remain on-site for longer than 90 days. Step 4: Waste Transportation Request a Hazardous Waste Manifest or waiver from State of Colorado to transport waste over the road. Waste must be transported to an approved accumulation site/recycling facility or permitted TSD. Enlist the help of HES Group to prepare manifests. VIII. Personal Protective Equipment 1 Appropriate personal protective equipment (PPE) shall be worn during emergency responses and any subsequent cleanup. The On -Scene Commander is responsible for assuring that adequate personal protective equipment is available and used. PPE can only offer a high degree of protection if it is used properly. Minimum Acceptable Personal Protective Equipment for Each Level of Protection LEVEL A - to be selected when the greatest level of skin, respiratory, and eye protection is required. Positive pressure, full facepiece self-contained breathing apparatus, or positive pressure supplied air respirator with escape SCBA. • Totally -encapsulating chemical protective suit. • Gloves, outer, chemical resistant. • Gloves, inner, chemical resistant. • Boots, chemical resistant, steel toe and shank. • Disposable protective suit, gloves, and boots. • Hard Hat. Note: No company personnel will perform entries into areas which require Level A protection, therefore, no Level A equipment is available. Level A responses will require the use of a qualified contractor. 18 LEVEL B - the highest level of respiratory protection is needed but a lesser level of skin protection is needed. Positive pressure, full facepiece self-contained breathing apparatus or positive pressure supplied air respirator with escape SCBA. • Hooded chemical resistant clothing. • Gloves, outer, chemical resistant (nitrile). • Gloves, inner, chemical resistant (nitrile). • Boots, chemical resistant, steel toe and shank. • Hard Hat. LEVEL C - the concentration(s) and type(s) of airborne substances is known and the criteria for using air purifying respirators is met. • Full face or half mask, air purifying respirator. • Hooded chemical resistant clothing. • Gloves, outer, chemical resistant. • Gloves, inner, chemical resistant. • Boots, chemical resistant, steel toe and shank. • Goggles or safety glasses with side shields. • Hard Hat LEVEL D - a work uniform affording minimal protection, used for nuisance contamination only. • Boots/shoes, chemical resistant, steel toe and shank. • Safety glasses with side shields or chemical splash goggles. • Hard Hat. 19 Medical Emergency In the event of a medical emergency, notify other personnel in your area. Then call 911 (dial 9 to get outside line). Use of a two radio may be necessary on top of the Mesa. After calling 911 and fully reporting situation and location, someone should be sent to the specified access road to direct medical personnel to the correct location. If you are trained to perform first aid and volunteer to render assistance, take all necessary precautions to protect yourself from infectious diseases and bloodborne pathogens. Discovering and Reporting a Fire Always report the fire first by calling 911 (dial 9 to get outside line). If the fire is in the incipient stage, attempt to extinguish the fire, provided you have been properly trained to use a fire extinguisher and can do so without endangering your own personal safety. Fire extinguishers are located in the warehouse, near the front door, and near the back work area. Floor plans which indicate the location of fire extinguishers, first aid kits, and exit routes are posted throughout the building. All marathon employees should know the location of the most direct path to exit the building. Conclusion It is the desire of Marathon management to ensure that all employees perform their jobs in a safe work environment and that each employee is aware of this manual's location and the emergency procedures it contains. It is a necessity that each employee know the specific locations of the nearest fire extinguisher and building exits in the event of an emergency 20 ICS Roles & Responsibilities The Incident Command structure can found in the Marathon's CERT Reference Manual. his/her role as an Incident Command System team member. Detailed responsibility descriptions and checklists for each role can be found in the CERT Reference Manual. XI. Response Management System (RMS) Purpose RMS is a project management system which facilitates taking command of an emergency event when response is initiated and turning the event into a controlled project. As with any project, clearly defined job responsibilities and effective communication are critical to success. Applying the Incident Command System concept, each person on the response team has a predetermined job with specific responsibilities. Effective communication of the necessary information to and by the proper people is accomplished through structured meetings held at a Command Post where an Information Center has been developed to monitor the response activities. The structured meetings have specific attendees, agendas and action items and are repeated on a daily basis for the duration of the incident. The three phases of response management are shown below: LEVELS OF RESPONSE Marathon has established levels of response which require the establishment of an ICS team. Each level should respond by implementing the three phases of Response Management when appropriate. A description of the levels of response is listed below: • Level I — A response defined as an emergency that can be reasonably addressed by the United States Production Unit area office in which the incident occurs. The Level I response is one that can be resolved in approximately one day or less. The Area Superintendent, with guidance from management and Marathon HES Department, will determine when an incident exceeds the capability of his/her area of responsibility. • Level II — A response defined as an emergency that exceeds the capability of the Area Office in which the incident occurs. The Corporate Emergency Response Team (CERT) will serve as the ICS team with assistance from the Business Unit. • Level III — A response defined as a major emergency that requires the Corporate Emergency Response Team (CERT) with assistance from the Business Unit. XIV. Internal Notification MARATHON CERT TEAM LEADER 1-866-MOCCERT (662-2378) or 1-877-MAPLINE 21 The Marathon central notification system will connect local management with a CERT Team Leader or the appropriate emergency response organization based on incident circumstances: • press one and a representative will answer • identify yourself • state the nature of the incident • give your exact location • describe the extent of the incident • state the extent of any injuries or casualties • advise of assistance required • provide your call back number Upon notification of an incident by the 24-hour emergency call service, the supervisor is responsible for contacting the appropriate individuals in the ICS. 1. If the incident involves a contractor, the Incident Commander will contact the contract company and advise them of the situation 2. If the incident requires additional company response actions, the Incident Commander shall mobilize additional resources, coordinate the response and be responsible for initiating Marathon CERT notification, if required. CERT Marathon Oil Company's Emergency Preparedness Policy and Plan outlines the Marathon company -wide policy on: • emergency preparedness; • the responsibilities of senior management, of the emergency preparedness group, and of operating organizations; and • the preparedness and response programs comprising Marathon's approach to crisis management. To assure that total corporate manpower, resources, support, and response management are available to communicate, respond to, and manage an emergency, Marathon Oil Company maintains a Corporate Emergency Response Team (CERT). CERT has three responsibilities: • to provide support to Asset Team Management in an emergency. • to notify and advise Executive Management concerning an emergency. • to provide response management team assistance, including the capability of a strike team taking command of the response operations. One of the general provisions of Marathon's Emergency Preparedness Policy and Plan is local management's responsibility to notify CERT whenever an emergency is or may become a major emergency. The CERT team leader is the person the Asset Team 22 Management must notify. In consultation with Asset Team Management, the CERT team leader will decide what level of CERT support is needed. Support can take several forms including: • executive management notification; • providing support through any or all of the emergency support groups; • activation of the Findlay and/or Houston CERT situation rooms to coordinate response activities; • providing on-site response management assistance with the emergency strike team (EST). The EST is a fully trained and prepared stand-alone response management team, capable of supplementing, relieving or taking command of an emergency. The EST has full access to and incorporates the support and resources available from the ESG. The EST is trained in the Incident Command System (ICS), which is used during drills, training, and emergency responses. 23 ROCKIES GAS TEAM EMERGENCY REPORTING NUMBER: 1-877-MAPLINE Title Contact Office CeII OPERATIONS Production Superintendent Curtis Ryland Operations Manager Bob Coleman 505-457-2621 x103 505-361-0898 Field Supervisor Bob Lopez 307-324-5501 307-321-1191 HEALTH ENVIRONMENT & SAFETY Environmental Representative Marvin Blakes ey 307-527-2127 307-272-0660 Safety Representative Rich Connell 713-296-3853 Safety Manager Joel Howard 713-296-3834 713-822-6625 Environmental Representative Al Learned 713-296-2311 713-408-2576 Local First Call Dispatch 911 PARACHUTE SHERIFF Dispatch 970-285-9127 BATTLEMENT CLINIC Office 970-285-7046 ST. MARY'S (GRAND JUNCTION) Switch Board 970-244-2273 GRAND VALLEY FIRE DEPT. (RIFLE) Office 970-285-9119 St. Mary's hospital in Grand Junction has the Medical Lift Helicopter service that services all of the out lying hospitals in the area. Under best weather conditions and helicopter availability response time could be within 25 minutes to the top of the Mesa. This service is activated through 911. Ambulance service is dispatched through 911 or the sheriff department and under good conditions the response time to the Mesa would be approximately 1 hour. 24 STORMWATER TAB STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION TELEPHONE: (303) 692-3500 CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR -030000 STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Certification Number CORO3C105 This Certification to Discharge specifically authorizes: Marathon Oil Company LEGAL CONTACT: Amy L. Stoodt, Planning & Const. Sup. Marathon Oil Company 743 Horizon Court Ste. 220 Grand Junction, CO 81506 Phone # 970/245-5233 alstoodt@marathonoil. com LOCAL CONTACT: Amy L. Stoodt, Sup., Phone # 970/245-5233 alstoodt&ajnarathonoi/ com During the Construction Activity: Staging Pad for Gas Drilling Facilities to discharge stormwater from the facility identified as G.M. Stewart Staging Area which is located at: Garden Gulch Road & CRD 215 ,co Latitude 39.580, Longitude 108.167 In Garfield County to: House Log Gulch -- West Fork Parachute Creek Anticipated Activity begins 06/17/2007 continuing through 11/15/2007 On 50 acres (30 acres disturbed) Certification is effective: 07/01/2007 Certification Expires: 06/30/2012 Annual Fee: $245.00 (DO NOT PAY NOW — A prorated bill will be sent shortly.) Page 1 of22 Colorado Department of Public Health & Environment Water Quality Control Division FOR AGENCY USE ONLY WQCD-P-B2 4300 Cherry Creek Drive South REF Denver, Colorado 80246-1530 EFF INACTIVATION NOTICE FOR MONTH DAY CONSTRUCTION STORMWATER DISCHARGE GENERAL PERMIT CERTIFICATION Please print or type. Form must be filled out completely. Certification Number: COR -03 Taxpayer ID or EIN Permittee (Company) Name: Permittee Address: Phone No.( ) Site/Facility Name: Construction Site Address/Location: County: Contact Person: Summary of work performed and description of final site stabilization: I certify under penalty of law that by the date of my signature below, all disturbed soils at the identified construction site have been finally stabilized; all temporary erosion and sediment control measures have been removed; all construction and equipment maintenance wastes have been disposed of properly; and all elements of the Stormwater Management Plan have been completed. I understand that by submitting this notice of inactivation, I am no longer authorized to discharge stormwater associated with construction activity by the general permit. I understand that discharging pollutants in stormwater associated with construction activities to the waters of the State of Colorado, where such discharges are not authorized by a CDPS permit, is unlawful under the Colorado Water Quality Control Act and the Clean Water Act. I certify under penalty of law that 1 have personally examined and am familiar with the information submitted herein, and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. (See 18 U.S.0 1001 and 33 U.S.C. 1319.) Signature of Permit Applicant (Legally Responsible Party) Date Signed Name (pruned) Title HIGHLIGHTS CONSTRUCTION ACTIVITY (renewal) STORMWATER GENERAL PERMIT PERMIT REQUIREMENTS: * Inspections: Inspection of stormwater management system required at least every 14 days and after any precipitation or snowmelt event that causes surface erosion. (See Inspections, page 12 of the permit.) * Records: Records of inspections must be kept and be available for review by the Division. * Stormwater Management Plan (SWMP): The SWMP requirements have changed slightly. You may need to amend your SWMP — see the Rationale, page 3. Any needed changes must be completed by October 1, 2007. -A copy of the SWMP must be kept on site at all times. PERMIT FEE: * Send payment only when you receive an invoice (sent once a year). PERMIT TERMINATION AND TRANSFER: * If the facility is finally stabilized, you may inactivate the permit, using the enclosed Division form. * "Final stabilization" is reached when all the construction is complete, paving is finished, and the vegetation (grass, etc.) is established, not just reseeded. See permit, page 9. * If the site changes ownership, you should transfer the permit to the new owner. * If part of the site will be sold to a new owner, you will need to reassign permit coverage. * Forms for these actions are available on our website, below. Also see page 5 of the permit. QUESTIONS? * www.cdphe.state.co.us/wq/PermitsUnit/stormwater * Email cdnhe.wastorm(a�state * Or call (303)692-3517, ask for Matt Czahor or Kathy Rosow 6/07 Page 2 of 22 Permit No. COR -030000 CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities (and specific allowable non-stormwater discharges in accordance with Part I.D.3 of the permit) certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on page 1 of this permit to discharge, as of this date, in accordancewith permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2012. Issued and Signed this 31' day of May, 2007 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Janet S. Kieler Pennits Section Manager Water Quality Control Division SIGNED AND ISSUED MAY 31, 2007 EFFECTIVE JULY 1, 2007 TABLE OF CONTENTS PART 1 A. COVERAGE UNDER THIS PERMIT 3 1. Authorityt0 Discharge a) Applicable Sections 3 b) Oil and Gas Construction 3 3 2. Definitions 3. Permit Coverage Without Application — Qualifying Local Programs 3 a) Applicable Sections 3 b) Local Agency Authority 3 c) Permit Coverage Termination 4 d) Compliance with Qualifying Local Program 4 4 4. Application, Due Dates e) Full Permit Applicability 4 a) Application Due Dates 4 5. Permit Certification Procedures b) Summary of Application 4 4 a) Request for Additional Information 4 b) Automatic Coverage 4 c) Individual Permit Required 5 d) General vs. Individual Permit Coverage 5 6. Inactivation Notice e) Local Agency Authority 5 5 7. Transfer of Perrnit 5 5 8. Reassigtunent of Permit. 9. Sale of Residence to Homeowners 11. Individual Permit Criteria 10. Permit Expiration Date 6 6 B. STORMWATER MANAGEMENT PLAN — GENERAL REQUIREMENTS 6 C. STORMWATER MANAGEMENT PLAN — CONTENTS 6 7 1. Site Description 7 2. Site Map 3. Stormwater Mamigement Controls 7 a) SWMP Administrator 8 8 b) Identification of Potential Pollutant Sources c) Best Management Practices (BMPs) for Stormwater Pollution Prevention 8 8 4. Final Stabilization and Long-term Stormwater Mauagement 9 5. Inspection and Maintenance D. TERMS AND CONDITIONS 10 10 1. General Limitations 2. BMP Implementation and Design Standards 10 3. Prohibition of Non-Stormwater Discharges 10 4. Releases in Excess of Reportable Quantities 11 11 5. SWMP Requirements a) SWMP Preparation and Implementation 11 b) SWMP Retention Requirements 11 c) SWMP Review/Changes 11 d) Responsive SWMP Changes 11 12 6. Inspections a) Minimum Inspection Schedule 12 b) Inspection Requirements 12 13 7. BMP Maintenance c) Required Actions Following Site Inspections 13 13 8. Replacement and Failed BMPs 14 9. Reporting 14 -2a - TABLE OF CONTENTS (cont.) 10. SWMPAvailability 14 11. Total Maximum Daily Load (TMDL) 14 E. ADDITIONAL DEFINITIONS 15 F. GENERAL REQUIREMENTS 16 1. Signatory Requirements 16 2. Retention of Records 16 3. Monitoring 16 PART II A. MANAGEMENT REQUIREMENTS 17 1. Amending a Permit Certification 17 2. Special Notifications - Definitions 17 3. Noncompliance Notification 17 4. Submission of Incorrect or Incomplete Information 18 5. Bypass 18 6. Upsets 18 7. Removed Substances 18 8. Minimization of Adverse Impact 18 9. Reduction, Loss, or Failure of Stormwater Controls 19 10. 'Proper Operation and Maintenance 19 B. RESPONSIBILITIES 1. Inspections and Right to Entry 2. Duty to Provide Information 3. Transfer of Ownership or Control 4. 5. Modification, Suspension, or Revocation of Permit By Division Permit Violations 6. Legal Responsibilities 7. Severability 8. Renewal Application 9. Confidentiality 10. Fees 11. Requiring an Individual CDPS Permit -2b- 19 19 19 19 20 21 21 21 21 21 21 22 PART/ PART I Permit - Page 3 Permit No. COR -030000 A. COVERAGE UNDER THIS PERMIT 1. Authorih to Dischar e Under this permit, facilities are granted authorization to discharge stormwater associated with construction activities into waters of the state of Colorado. This permit also authorizes the discharge of specific allowable non-stormwater discharges, in accordance with Part I.D.3 of the permit, which includes discharges to the ground. This includes stormwater discharges from areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site (i.e., borrow or fill areas). This permit also authorizes stormwater discharges from dedicated asphalt batch plants and dedicated concrete batch plants. (Coverage under the construction site permit is not required for batch plants if they have alternate CDPS permit coverage.) This permit does not authorize the discharge of mine water or process water from such areas. a) Applicable Sections: In accordance with Part I.A.3 of this permit, some parts of this permit do not apply to sites covered under a Qualifying Local Program, as defined in I.A.2.d. For sites not covered by a Qualifying Local Program, all parts of the permit apply except Part I.A.3. The permittee will be responsible for determining and then complying with the applicable sections. b) 011 and Gas Construction: Stormwater discharges associated with construction activities directly related to oil and gas exploration, production, processing, and treatment operations or transmission facilities are regulated under the Colorado Discharge Permit System Regulations (SCCA 1002-61), and require coverage under this permit in accordance with that regulation. However, references in this permit to specific authority under the Federal Clean Water Act (CWA) do not apply to stormwater discharges associated with these oil and gas related construction activities, to the extent that the references are limited by the federal Energy Policy Act of 2005. 2. Definitions a) Stormwater: Stormwater is precipitation -induced surface runoff. b) Construction activity: Construction activity refers to ground surface disturbing activities, which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility. c) Small construction activity: Stormwater discharge associated with small construction activity means the discharge of stormwater from construction activities that result in land disturbance of equal to or greater than one acre and less than five acres. Small construction activity also includes the disturbance of less than one acre of total land area that is part of a larger common plan of development or sale, if the larger common plan will ultimately disturb equal to or greater than one and less than five acres. d) Qualifying Local Program: This permit includes conditions that incorporate qualifying local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qualifyingmunicipal stormwater program for stormwater discharges associated with small construction activity city that has been formally approved by the Division. Other Definitions: Definitions of additional terms can be found in Part I.E. of this permit. 3. Permit Covera Without ADollcati — for small construction activities under a Qualifying If a small construction site is within the jurisdiction of a Qualifyingoperatorof ibe Local Program ouly activity is authorized to discharge Stormwater associated with small construction activogram, ity ty undethis general permit the submittal of an application to the Division.8 permit without a) Applicable Sections: For sites covered by a Qualifying Local Program, only Parts 1.A.1, I .A.2, 1.A.3, I.D.1, I.D.2, I.D.3, I.D.4, I.D.7, I.D.8,1.0.11, LE and Part II of this permit, with the exception of Parts II.A.1,11.E.3,11.13.8, and 1113 10, apply, A. COVERAGE UNDER THIS PERMIT (cont.) b) Local Agency Authority: This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. c) Permit Coverage Termination: When a site under a Qualifying Local Program has been finally stabilized, coverage under this permit is automatically terminated. d) Compliance with Qualifying Local Program: A construction site operator that has authorization to discharge under this permit under Part 1.A.3 shall comply with the requirements of the Qualifying Local Program with jurisdiction over the site. PART I Permit - Page 4 Permit No. COR -030000 e) Full Permit Applicability: The Division may require any operator within the jurisdiction of a Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. The operator must be notified in writing that an application for full coverage is required. When a permit certification under this permit is issued to an operator that would otherwise be covered under Part IA.3 of this permit, the full requirements of this permit replace the requirements as per Part IA.3 of this permit, upon the effective date of the permit certification. A site brought under the full requirements of this permit must still comply with local stormwater management requirements, policies or guidelines as required by Part I.D.1.g of this permit. 4. Application, Due Dates a) Application Due Dates: At least ten calendar days prior to the commencement of construction activities, the applicant shall submit an application form as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete. One original completed discharge permit application shall be submitted, by mail or hand delivery, to: Colorado Department of Public Health and Environment Water Quality Control Division WQCITPermits-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 b) Summary of Application: The application requires, at a minimum, the following: 1) The applicant's company name; address; telephone n Ger; and email address (if available); whether the applicant is the owner, developer, or contractor; and local contact information; 2) Project name, address, county and location of the construction site, including the latitude and longitude to the nearest 15 seconds of the approximate center of the construction activity; 3) Legal description or map of the construction site; 4) Estimates of: the total area of the site, the area of the site that is expected to be disturbed, and the total area of the larger common plan of development or sale to undergo disturbance; 5) The nature of the construction activity; 6) The anticipated start date and final stabilization date for the project; 7) The name of the receiving water(s), or the municipal separate storm sewer system and the ultimate (i.e., named) receiving water(s); 8) Certification that the SWMP for the construction site is complete (see Part I.C. below); and 9) The signature of the applicant, signed in accordance with Part I.F.1 of this permit. 5. Permit Certification Procedures If this general permit is appropriate for the applicants operation, then a certification will be developed and the applicant will be authorized to discharge stormwater under this general permit. a) Request for Additional Information: The Division shall have up to ten calendar days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shall have an additional ten calendar days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general permit or an individual permit is required, instead of coverage under this permit.) PART I A. COVERA Permit - Page 5 GE UNDER THIS PERMIT (cont.) Permit No. COR -030000 b) Automatic Coverage: If the applicant does not receive a request for additional information ora notification of' denial from the Division dated within ten calendar days of receipt of the application by the Division, authorization to discharge in accordance with the conditions of this permit shall be deemed granted. c) Individual Permit Required: If, after evaluation of the application (or additional information, such as the S WMP , it is found that this general permit is not appropriate for the operation, then the application will be processed as one for an individual ) permit. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested, process the application and issue the permit. At the Division's discretion, temporaryia, o coverage days may be general to permit may be allowed until the individual permit goes into effect under this general d) General vs. Individual Permit Coverage: Any permittee authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The permittee shall submit an individual application, with reasons supporting the request, to the Division at least 180 days prior to any discharge. e) Local Agency Authority; This permit does not pre-empt or supersede the authority of local agencies to prohibit, restrict, or control discharges of stormwater to storm drain systems or other water courses within their jurisdiction. 6. Inactivationce When a site has been finally stabilized in accordance with the SWMP, the permittee must submit an Inactivation Notice form that is signed in accordance with Part I.F 1. of this permit. The Inactivation Notice form is available from the Division and includes: a) Permit certification number; b) The permittee's name, address, telephone number; c) Name, location, and county for the construction site for which the inactivation notice is being submitted; and d) Certification that the site has been finally stabilized, and a description of the final stabilization method(s). 7. Transfer r of permit When responsibility for stormwater discharges at a construction site changes from one entity to another, the submit a completed Notice of Transfer and Acceptance of Terms fora that is signed in accordance with Part I.F.I. of this permit. The Notice of Transfer form is available from the Division and includes: permittee shall a) Permit certification number; b) Name, location, and county for the construction site for which the Notice of Transfer is being submitted; c) Identifying information for the new permittee; d) Identifying information for the current permittee; and e) Effective date of transfer. If the new responsible party will not complete the transfer form, the permit may be inactivated upon written request to the Division and completion of the Inactivation Notice if the ccontract, for the construction activities at the site. In this case, the the new owner or operator would be rttee has no legal resnsiility, throuquownership or ired to obtain permit coverage separately. 8. Reassienm en`e—it When a permit -fee no longer has control of a scecifre mrtinn portion of the site to a second party, the permittee shall a completed Notice ofReassignmend wishes to t of Permit Coverage form that is signed in accordance with Part I.F.I. of this permit. The Notice of Reassignment of Permit Coverage form is available from the Division and includes: a) Current permit certification number; b) Identifying information and certification as required by Part I.A.4.b for the new permittee; c) Identifying information for the current permittee, revised site information and certification for reassignment; and d) Effective date of reassignment. PART I Permit - Page 6 Permit No. COR -030000 A. COVERAGE UNDER THIS PERMIT (cont.) If the new responsible party will not complete the reassignment form, the applicable portion of the permitted site may be removed from permit coverage upon written request to the Division if the permittee has no legal responsibility, through ownership or contract, for the construction activities at the portion of the site. In this case, the new owner or operator ' would be required to obtain permit coverage separately. 9. Sale of Residence to Homeowners For residential construction only, when a residential lot has been conveyed to a homeowner and all criteria in paragraphs a through e, below, are met, coverage under this permit is no longer required and the conveyed lot may be removed from coverage under the permittee's certification. At such time, the permittee is no longer responsible for meeting the terms and conditions of this permit for the conveyed lot, including the requirement to transfer or reassign permit coverage. The permittee remains responsible for inactivation of the original certification. a) The lot has been sold to the homeowner(s) for private residential use; b) the lot is less than one acre of disturbed area; c) all construction activity conducted by the permittee on the lot is completed; d) a certificate of occupancy (or equivalent) has been awarded to the home owner; and e) the SWMP has been amended to indicate the lot is no longer covered by permit. Lots not meeting all of the above criteria require continued permit coverage. However, this permit coverage may be transferred (Part I.A.7, above) or reassigned (Part I.A.8, above) to a new owner or operator. 10. Permit Expiration Date Authorization to discharge under this general permit shall expire on June 30, 2012. The Division must evaluate and reissue this general permit at least once every five years and must recertify the permittee's authority to discharge under the general permit at such time. Therefore, a permittee desiring continued coverage under the general permit must reapply by March 31, 2012. The Division will initiate the renewal process; however, it is ultimately the permittee's responsibility to ensure that the renewal is submitted. The Division will determine if the permittee may continue to operate under the terms of the general permit. An individual permit may be required for any facility not reauthorized to discharge wider the reissued general permit. I L Individual Permit Criteria Various criteria can be used in evaluating whether or not an individual (or alternate general) permit is required instead of this general permit. This information may come from the application, SWMP, or additional information as requested by the Division, and includes, but is not limited to, the following: a) the quality of the receiving waters (i.e., the presence of downstream drinking water intakes or a high quality fishery, or for preservation of high quality water); b) the size of the construction site; c) evidence of noncompliance under a previous permit for the operation; d) the use of chemicals within the stormwater system; or e) discharges of pollutants of concern to waters for which there is an established Total Maximum Daily Load (TMDL). In addition, an individual permit may be required when the Division has shown or has reason to suspect that the stormwater discharge may contribute to a violation of a water quality standard. B. STORMWATER MANAGEMENT PLAN (SWMP)— GENERAL REQUIREMENTS 1. A SWMP shall be developed for each facility covered by this permit, The SWMP shall be prepared in accordance with good engineering, hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) PARTI B. STORMWATER MANAGEMENT PLAN SWMP — Permit - Page.COR-030000 7 (SWMP)GENERAL REQUIREMENTS (cont.) Permit No. 2. The SWMP shall: a) Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges associated with construction activity from the facility; b) Describe the practices to be used to reduce the pollutants in stormwater discharges associated with construction activity at the facility; and ensure the practices are selected and described in accordance with good engineering practices, including the installation, implementation and maintenance requirements; and c) Be properly prepared, and updated in accordance with Part I.D.5.c, to ensure compliance with the tenns and conditions of this permit. 3. Facilities must implement the provisions of the SWMP as written and updated, from commencement of construction activity until final stabilization is complete, as a condition of this permit. The Division reserves the right to review the SWMP, and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. 4. The SWMP may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans under section 311 of the CWA, or Best Management Practices (BMPs) Programs otherwise required by a separate CDPS permit, and may incorporate any part of such plans into the SWMP by reference, provided that the relevant sections of such plans are available as part of the SWMP consistent with Part I.D.5.b. 5. For any sites with permit coverage before June 30, 2007, the permittee's SMWP must meet the new SWMP requirements as summarized in Section 11.1 of the rationale. Any needed changes must be made by October 1, 2007. C. STORMWATERMANAGEMENT PLAN (SWMP)—CONTENTS The SWMP shall include the following items, at a minimum 1. SiteDesert tion. The SWMP shall clearly describe the construction activity, to include: . a) The nature of the construction activity at the site. b) The proposed sequence for major activities. c) Estimates of the total area of the site, and the area and location expected to be disturbed by clearing, excavation, grading, or other construction activities. d) A summary of any existing data used in the development 01 the site construction plans or SWMP that describethe soil or existing potential for soil erosion. e) A description of the existing vegetation at the site and an estimate of the percent vegetative ground cover. I) The location and description of all potential pollution sources, including ground surface disturbing activities (see Part IA.2.b), vehicle fueling, storage of fertilizers or chemicals, etc. g) The location and description of any anticipated allowable sources of non-stormwater discharge at the site, e.g., uncontaminated springs, landscape irrigation return flow, construction dewatering, and concrete washout. h) The name of the receiving water(s) and the size, type and location of any outfall(s). If the stormwater discharge is to a municipal separate storm sewer system, the name of that system, the location of the storm sewer discharge, and the ultimate receiving water(s). 2. Site Mao. The SWMP shall include a legible site map(s), showing the entire site, identifying: a) construction site boundaries; b) all areas of ground surface disturbance; c) areas of cut and fill; d) areas used for storage of building materials, equipment, soil, or waste; e) locations of dedicated asphalt or concrete batch plants; 0 locations of all structural BMPs; g) locations of non-structural BMPs as applicable; and h) locations of springs, streams, wetlands and other surface waters. C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (cont.) 3. Stormwater Management Controls. The SWMP must include a description of all stormwater management controls that will be implemented as part of the construction activity to control pollutants in stormwater discharges. The appropriateness and priorities of stormwater management controls in the SWMP shall reflect the potential pollutant sources identified at the facility. The description of stormwater management controls shall address the following components, at a minimum: a) SWMP Administrator - The SWMP shall identify a specific individual(s), position or title who is responsible for developing, implementing, maintaining, and revising the SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP. b) Identification of Potential Pollutant Sources - All potential pollutant sources, including materials and activities, at a site must be evaluated for the potential to contribute pollutants to stormwater discharges. The SWMP shall identify and describe those sources determined to have the potential to contribute pollutants to stormwater discharges, and the sources must be controlled through BMP selection and implementation, as required in paragraph (c), below. PART 1 Permit - Page 8 Permit No. COR -030000 At a minimum, each of the following sources and activities shall be evaluated for the potential to contribute pollutants to stormwater discharges, and identified in the SWMP if found to have such potential: 1) all disturbed and stored soils; 2) vehicle tracking of sediments; 3) management of contaminated soils; 4) loading and unloading operations; 5) outdoor storage activities (building materials, fertilizers, chemicals, etc.); 6) vehicle and equipment maintenance and fueling; 7) significant dust or particulate generating processes; 8) routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, oils, etc.; 9) . on-site waste management practices (waste piles, liquid wastes, dumpsters, etc.); 10) concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment; 11) dedicated asphalt and concrete batch plants; 12) non -industrial waste sources such as worker trash and portable toilets; and 13) other areas or procedures where potential spills can occur. c) Best Management Practices (BMPs) for Stormwater Pollution Prevention - The SWMP shall identify and describe appropriate BMPs, including, but not limited to, those required by paragraphs 1 through 8 below, that will be implemented at the facility to reduce the potential of the sources identified in Part I.C.3 b to contribute pollutants to stormwater discharges. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the SWMP to ensure proper implementation, operation and maintenance of the BMP. 1) Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate all structural practices implemented at the site to minimize erosion and sediment transport. Practices may include, but are not limited to: straw bales, wattles/sediment control logs, silt fences, earth dikes, drainage swales, sediment traps, subsurface drains, pipe slope drains, inlet protection, outlet protection, gabions, and temporary or permanent sediment basins. 2) Non -Structural Practices for Erosion and Sediment Control. The SWMP shall clearly describe and locate, as applicable, all non-structural practices implemented at the site to minimize erosion and sediment transport. Description must include interim and permanent stabilization practices, and site-specific scheduling for implementation of the practices. The SWMP should include practices to ensure that existing vegetation is preserved where possible. Non-structural practices may include, but are not limited to: temporary vegetation, permanent vegetation, mulching, geotextiles, sod stabilization, slope roughening, vegetative buffer strips, protection of trees, and preservation of mature vegetation. C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (cont.) 3) Phased BMP Implementation. The SWMP shall clearly describe the relationship construction, and the implementation and between non-structural st phases r management controls. The SWMP dentify the stof both r mange auntd cones ob implementedr during the project phases, which can include, are not limited rto management and controls roadconstruction; utility and infrastructure installation; vertical construction; final grading; g grubbing; construction; !;•' g and final stabilization. 4) Materials Handline and Spill Prevention. The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant I.E.) that could contribute pollutants to runoff. Such procedures or significanme materials could include: exposed maintenance or fueling procedures. storage of building materials; paints and solvents; fertilizers or chemicals; waste material; and equipment identified in the SWMP. Areas or procedures where potential spills can occur must have spill prevention and response procedures 5) Dedicated Concrete or A halt Batch lents. The SWMP shall clearly describe and locate all practices implemented at the site to control stormwater pollution from dedicated concrete batch plants or dedicated asphalt batch plants covered by this certification. 6) Vehicle Tra c trol The SWMP shall clearly describe and locate all practices implemented at the site to control potential sediment discharges from vehicle tracking. Practices must be implemented for all areas of potential vehicle tracking, and can include: minimizing site access; street sweeping or scraping; tracking pads; graveled parking areas; requiring that vehicles stay on paved areas on-site; wash racks;_ contractor education; and/or sediment control BMPs, etc. 7) . Waste Ma^Aoement and Disposal Includin Concrete Washout. i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from all construction site wastes (liquid and solid), including concrete washout activities. ii) The practices used for concrete washout must ensure that these activities do not result in the contribution of pollutants associated with the washing activity to stormwater runoff. iii) Part I.D.3.c of the permit authorizes the conditional discharge of concrete washout water to the ground. The SWMP shall clearly describe and locate the practices to be used that will ensure that no washout water from concrete washout activities is discharged from the site as surface runoff or to surface waters. 8) Groundwater and Stormwarer De erin i) The SWMP shall clearly describe and locate the practices implemented at the site to control stormwater pollution from the dewatering of groundwater or stormwater from excavations, wells, etc. ii) Part I.D.3.d of the permit authorizes the conditional discharge of constriction dewatering to the ground. For any construction dewatering of groundwater not authorized under a separate CDPS discharge permit, the SWMP shall clearly describe and locate the practices to be used that will ensure that no groundwater from construction dewatering is discharged from the site as surface runoff or to surface waters. 4. Final Stabilization and Lon -term Stormwater Mane ement a) The SWMP shall clearly describe the practices used to achieve final stabilization of all disturbed areas at the site, and any planned practices to control pollutants in stormwater discharges that will occur after construction operations been completed at the site. b) Final stabilization practices for obtaining a vegetative cover should include, as appropriate: seed mix selection and or rolled erosion control psoil roducts); n and and ppprropriatesedim soil stabilization BMPs as needed ntilrl finalstabilizationstabw, hydronmulch achieved; etc. ih7ation is PARTI Permit - Page 9 Permit No. COR -030000 C. STORMWATER MANAGEMENT PLAN (SWMP) — CONTENTS (conk) c) Final stabilization is reached when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre - disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. The Division may, after consultation with the permittee and upon good cause, amend the fmal stabilization criteria in this section for specific operations. 5. Inspection and Maintenance Part I.D.6 of the permit includes requirements for site inspections. Part I.D.7 of the permit includes requirements for BMP maintenance. The SWMP shall clearly describe the inspection and maintenance procedures implemented at the site to maintain all erosion and sediment control practices and other protective practices identified in the SWMP, in good and effective operating condition. PART I Permit - Page 10 Permit No. COR -030000 D. TERMS AND CONDITIONS 1. General Limitations The following limitations shall apply to all discharges covered by this permit: a) Stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an exceedance of any water quality standard, including narrative standards for water quality. b) Concrete washout water shall not be discharged to state surface waters or to storm sewer systems. On-site permanent disposal of concrete washout waste is not authorized by this permit. Discharge to the ground of concrete washout waste that will subsequently be disposed of off-site is authorized by this permit. See Part I.D.3.c of the permit. c) Bulk storage structures for petroleum products and any other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering State waters. d) No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the Division. In granting the use of such chemicals, special ceetitions and monitoring may be addressed by separate correspondence. e) The Division reserves the right to require sampling and testing, on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. Such monitoring may include Whole Effluent Toxicity testing. f) All site wastes must be properly managed to prevent potential pollution of State waters. This permit does not authorize on-site waste disposal. g) All dischargers must comply with the lawful requirements of federal agencies, municipalities, counties, drainage districts and other local agencies regarding any discharges of stormwater to storm drain systems or other water courses under their jurisdiction, including applicable requirements in municipal stormwater management programs developed to comply with CDPS permits. Dischargers must comply with local stormwater management requirements, policies or guidelines including erosion and sediment control. 2. BMP Implementation and Dellen Standards Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. D. TERMS AND CONDITIONS (cont.) 3. Prohibition of Non-Stormwater Dischar es PART I Permit - Page 11 Permit No. COR -030000 a) Except as provided in paragraphs b, c, and d below, all discharges covered by this permit shall be composed entirely of stormwater associated with construction activity. Discharges of material other than stormwater must be addressed in a separate CDPS permit issued for that discharge. b) Discharges from the following sources that are combined with stormwater discharges associated with construction activity may be authorized by this permit, provided that the non-stormwater component of the discharge is identified in the SWMP (see Part LC.1.g of this pennit): - emergency fire fighting activities - uncontaminated -landscape irrigation return flow springs c) Discharges to the ground of concrete washout water from washing of tools and concrete mixer chutes may be authorized by this permit, provided that: 1) the source is identified in the SWMP; 2) BMPs are included in the SWMP in accordance with Part I.C.3(c)(7) and to prevent pollution of groundwater in violation of Part I.D.1.a; and 3) these discharges do not leave the site as surface runoff or to surface waters d) Discharges to the ground of water from construction dewatering activities may be authorized by this permit, provided that: 1) the source is groundwater and/or groundwater combined with stormwater that does not contain pollutants in concentrations exceeding the State groundwater standards in Regulations 5 CCR 1002.41 and 42; 2) the source is identified in the SWMP; 3) BMPs are included in the SWMP as required by Part I.C.3 c 8 ; and 4) these discharges do not leave the site as surface runoff or to surface waters. Discharges to the ground from construction dewatering activities that do not meet the above criteria must be covered under a separate CDPS discharge permit. Contaminated groundwater requiring coverage under a separate CDPS discharge permit may include groundwater contaminated with pollutants from a landfill, mining activity, industrial pollutant plume, underground storage tank, or other source. 4. Releases In Excess of Reoortable Quantities This permit does not relieve the permittee of the reporting requirements of 40 CFR 110, 40 CFR 117 or 40 CFR 302. Any discharge of hazardous material must be handled in accordance with the Division's Noncompliance Notification Requirements (see Part II.A.3 of the permit). 5. SWMPSWMPR_nuir`m�nts a) SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit, and certification of its completion submitted with the application. The SWMP shall be implemented prior to commencement of construction activities. The plan shall be updated as appropriate (see paragraph c, below), below). SWMP provisions shall be implemented until expiration or inactivation of permit coverage. b) SWMP Retention Requirements: A copy of the SWMP must be retained on site unless another location, specified by the permittee, is approved by the Division. c) SWMP Review/Changes: Thepemtittee shall amend the SWMP: 1) when there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs; or 2) if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stonnwater discharges associated with construction activity; or D. TERMS AND CONDITIONS (cont.) 3) when BMPs are no longer necessary and are removed. SWMP changes shall be made prior to changes in the site conditions, except as allowed for in paragraph d, below. SWMP revisions may include, but are not limited to: potential pollutant source identification; selection of appropriate BMPs for site conditions; BMP maintenance procedures; and interim and final stabilization practices. The SWMP changes may include a schedule for further BMP design and implementation, provided that, if any interim BMPs are needed to comply with the permit, they are also included in the SWMP and implemented during the interim period. d) Responsive SWMP Changes: SWMP changes addressing BMP installation and/or implementation are often required to be made in response to changing conditions, or when current BMPs are determined ineffective. The majority of SWMP revisions to address these changes can be made immediately with quick in -the -field revisions to the SWMP. In the less common scenario where more complex development of materials to modify the SWMP is necessary, SWMP revisions shall be made in accordance with the following requirements: 1) the SWMP shall be revised as soon as practicable, but in no case more than 72 hours after the change(s) in BMP installation and/or implementation occur at the site, and 2) a notation must be included in the SWMP prior to the site change(s) that includes the time and date of the change(s) in the field an identification of the BMP(s) removed or added, and the location(s) of those BMP(s). 6. Inspections PART I Permit - Page 12 Permit No. COR -030000 Site inspections must be conducted in accordance with the following requirements and minimum schedules. The required minimum inspection schedules do not reduce or eliminate the permittee's responsibility to implement and maintain BMPs in good and effective operational condition, and in accordance with the SWMP, which could require more frequent inspections. a) Minimum Inspection Schedule: The permittee shall, at a minimum, make a thorough inspection, in accordance with the requirements in I.D.6.b below, at least once every 14 calendar days. Also, post -storm event inspections must be conducted within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion. Provided the timing is appropriate, the post -stone inspections may be used to fulfill the 14 -day routine inspection requirement. A more frequent inspection schedule than the minimum inspections described may be necessary, to ensure that BMPs continue to operate as needed to comply with the permit. The following conditional modifications to this Minimum Inspection Schedule are allowed: 1) Post -Storm Event Inspections at Temporarily Idle Sites — If no construction activities will occur following a storm event, post -storm event inspections shall be conducted prior to re -commencing construction activities, but no later than 72 hours following the storm event. The occurrence of any such delayed inspection must be documented in the inspection record. Routine inspections still must be conducted at least every 14 calendar days. 2) Inspections at Completed Sites/Areas — For sites or portions of sites that meet the following criteria, but final stabilization has not been achieved due to a vegetative cover that has not become established, the permittee shall make a thorough inspection of their stormwater management system at least once every month, and post - storm event inspections are not required. This reduced inspection schedule is only allowed if: i) all construction activities that will result in surface ground disturbance are completed; u) all activities required for final stabilization, in accordance with the SWMP, have been completed, with the exception of the application of seed that has not occurred due to seasonal conditions or the necessity for additional seed application to augment previous efforts; and the SWMP has been amended to indicate those areas that will be inspected in accordance with the reduced schedule allowed for in this paragraph. D. TERMS AND CONDITIONS (cont.) PART Permit - page 13 Permit No. COR -030000 3) Winter Conditions Inspections Exclusion —Inspections are not required at sites where construction activities are temporarily halted, snow cover exists over the entire site for an extended period, and melting conditions posing a risk of surface erosion do not exist. This exception is applicable only during the period where melting conditions do not exist, and applies to the routine I4 -day and monthly inspections, as well as the post -storm - event inspections. The following information must be documented in the inspection record for use of this exclusion: dates when snow cover occurred, date when construction activities ceased, and date melting conditions began. Inspections, as described above, are required at all other times. When site conditions make the schedule required in this section impractical, the permittee may petition the Division to grant an alternate inspection schedule. b) Inspection Requirements 1) Inspection Scope - The construction site perimeter, all disturbed areas, material and/or waste storage areas that are exposed to precipitation, discharge locations, and locations where vehicles access the site shall be inspected for evidence of, or the potential for, pollutants leaving the construction site boundaries, entering the stormwater drainage system, or discharging to state waters. All erosion and sediment control practices identified in the SWMP shall be evaluated to ensure that they are maintained and operating correctly. 2) Inspection Report/Records - The permittee shall keep a record of inspections. Inspection reports must ideretained ntify any incidents of non-compliance with the terms and conditions of this permit. Inspection records must rbepo must fincl or de years from expiration or inactivation of permit coverage. At a minimum, tine inspection i) The inspection date; ii) Name(s) and title(s) of personnel making the inspection; iii) Location(s) of discharges of sediment or other pollutants from the site; iv) Location(s) of BMPs that need to be maintained; v) Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location; vi) Location(s) where additional BMPs are needed that were not in place at the time of inspection; vii) Deviations from the minimum inspection schedule as provided in Part I.D.6.a above; vii) Description of corrective action for items iu, iv, v, and vi, above, dates corrective action(s) taken, and measures taken to prevent future violations, including requisite changes to the SWMP, as necessary; and viii) After adequate corrective action(s) has been tat/,,_ or where a report does not identify any incidents requiring corrective action, the report shall contain a signed statement indicating the site is in compliance with the permit to the best of the signer's knowledge and belief. c) Required Actions Following Site Inspections — Where site inspections note the need for BMP maintenance activities, BMPs must be maintained in accordance with the SWMP and Part I.D.7 of the permit, Repair, replacement, or installation of new BMPs determined necessary during site inspections to address ineffective or inadequate BMPs must be conducted in accordance with Part 1.13.8 of the permit. SWMP updates required as a result of deficiencies in the SWMP noted during site inspections shall be made in accordance with Part I.D.S.c of the permit. 7. BIM' Maintenance All erosion and sediment control practices and other protective measures identified in the SWMP must be maintained in effective operating condition. Proper selection and installation of BMPs and implementation of comprehensive Inspection and Maintenance procedures, in accordance with the SWMP, should be adequate to meet this condition. BMPs that are not adequately maintained in accordance with good engineering, hydrologic and pollution control practices, including removal of collected sediment outside the acceptable tolerances of the BMPs, are considered to be no longer operating effectively and must be addressed in accordance with Part 1,D.8, below. A specific timeline for implementing maintenance procedures is not included in this permit because BMP maintenance is expected to be proactive, not responsive. Observations resulting in BMP maintenance activities can be made during a site inspection, or duringgeneral of site conditions, observations D. TERMS AND CONDITIONS (cont.) 8. Replacement and Failed BMPs Adequate site assessment must be performed as part of comprehensive Inspection and Maintenance procedures, to assess the adequacy of BMPs at the site, and the necessity of changes to those BMPs to ensure continued effective performance. Where site assessment results in the determination that new or replacement BMPs are necessary, the BMPs must be installed to ensure on-going implementation of BMPs as per Part I.D.2. Where BMPs have failed, resulting in noncompliance with Part I.D.2, they must be addressed as soon as possible, immediately in most cases, to minimize the discharge of pollutants. When new BMPs are installed or BMPs are replaced, the SWMP must be updated in accordance with Part I.D.5(c). 9. Retorting PART 1 Permit - Page 14 Permit No. COR -030000 No scheduled reporting requirements are included in this permit; however, the Division reserves the right to request that a copy of the inspection reports be submitted. 10. SWMP Availability A copy of the SWMP shall be provided upon request to the Division, EPA, or any local agency in charge of approving sediment and erosion plans, grading plans or stormwater management plans, and within the time frame specified in the request. If the SWMP is required to be submitted to any of these entities, it must include a signed certification in accordance with Part I.F.1 of the permit, certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA and Section 61.5(4) of the Colorado Discharge Permit System Regulations. The permittee shall make plans available to members of the public upon request. However, the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR Part 2. 11. Total Maximum Daily Load (TMDL) If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutant -specific Wasteload Allocation (WLA) under the TMDL, the Division will either: a) Ensure that the WLA is being implemented properly through alternative local requirements, such as by a municipal stormwater permit; or b) Notify the permittee of the WLA, and amend the pennittee's certification to add specific BMPs and/or other requirements, as appropriate. The permittee may be required to do the following: 1) Under the permittee's SWMP, implement specific management practices based on requirements of the WLA, and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements are expected to be met; and 2) If the evaluation shows that additional or modified BMPs are necessary, describe the type and schedule for the BMP additions/revisions. Discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. PART I E. ADDITIONAL DEFINITIONS Permit - Page 15 Permit No. COR -030000 For the purposes of this permit: 1. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, pollution prevention, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. 2. Dedicated asphalt plants and concrete plants: portable asphalt plants and concrete plants that are located on or adjacent to a construction site and that provide materials only to that specific construction site. 3. Final stabilization: when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent s have een employed. For purposes of vegetative cover capable of providing ysical erosion error onuction dcontrol6equivalent pre-existiingg conditions permit, site will be considered final stabilization. 4. Municipal separate storm sewer system: a conveyance or system of conveyances (including: mads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains), owned or operated by a State, city, town, county, district, or other public body (created by state law), having jurisdiction over disposal of sewage, industrial waste, stormwater, or other wastes; designed or used for collecting or conveying stormwater. 5. Operator: the entity that has day-to-day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties may satisfy the definition of 'operator' and that the permit may be transferred as the roles change. 6. Outfall: a point source at the point where stormwater leaves the construction site and discharges to a receiving water or a stormwater collection system. 7. Part of a larger common plan of development or sale: a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. S. Point source: any discernible, confined and discrete conveyance from which pollutants are or may be discharged. Point source discharges of stormwater result from structures which increase the imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern. 9. Pollutant: dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste. 10. Process water: any water which, during manufacturing or processing, comes into contact with or results from the production of any raw material, intermediate product, finished product, by product or waste product. This definition includes mine drainage. 11. Receiving Water: any classified stream segment (including tributaries) in the State of Colorado into which stormwater related to construction activities discharges. This defnition includes all water courses, even if they are usually dry, such as borrow ditches, arroyos, and other unnamed waterways. 12. Significant Materials include, but are not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title 111 of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharge. 13. Stormwater: precipitation -induced surface runoff. F. GENERAL REQUIREMENTS 1. Signatory Requirements a) All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: PARTI Permit - Page 16 Permit No. COR -030000 1) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; 3) In the case of a sole proprietorship, by the proprietor; 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates. b) Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section must be submitted to the Division, prior to or together with any reports, information, or applications to be signed by an authorized representative. c) Certification. Any person signing a document under paragraph a) of this section shall make the following certification: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 2. Retention of Records a) The permittee shall retain copies of the SWMP and all reports required by this permit and records of all data used to complete the application to be covered by this permit, for three years after expiration or inactivation of permit coverage. b) The permittee shall retain a copy of the SWMP required by this permit at the construction site from the date of project initiation to the date of expiration or inactivation of permit coverage, 't mless another location, specified by the permittee, is approved by the Division. 3. Monitoring The Division reserves the right to require sampling and testing, on a case-by-case basis (see Part I.D.1.e), for example to implement the provisions of a TMDL (see Part I.D.11 of the permit). Reporting procedures for any monitoring data collected will be included in the notification by the Division of monitoring requirements. If monitoring is required, the following definitions apply: a) The thirty (30) day average shall be determined by the arithmetic mean of all samples collected during a thirty (30) consecutive -day period. b) A grab sample, for monitoring requirements, is a single "dip and take" sample. PART II A. MANAGEMENT REQUIREMENTS I. Amending a Permit Certification The permittee shall inform the Division (Permits Section) in writing of changes to the information provided in the permit application, including the legal contact, the project legal description or map originally submitted with the application, or the planned total disturbed acreage. The permittee shall furnish the Division with any lans and specifications which Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. If applicable, this the notification may be accomplished through submittal of an application for a CDPS process water permit authorizing the discharge. The S WMP shall be updated and implemented prior to the changes (see Part I.D.S.c). Any discharge to the waters of the State from a point source other than specifically authorized by this permit or a different CDPS permit is prohibited. 2. S eci 1 Notifications Definitions a) Spill; An unintentional release of solid or liquid material which may cause pollution of state waters. b) Upset: An exceptional incident in which there is unintentional and temporary noncompliance with limitations because of factors beyond the reasonable control of the noncompliance to the extent caused byo permittee. An to n doesi not, inadequate tescharge treatment facilities, lack of preventative maintenance, al error, improperly designed improper perament facilities, inadequate mance, or careless or operation. 3. Noncompliance Notification a) The permittee shall report the following instances of noncompliance: 1) Any noncompliance which may endanger health or the environment; 2) Any spill or discharge of hazardous substances or oil which may cause pollution of the waters of the state. 3) Any discharge of stormwater which may cause an exceedance of a water quality standard. b) For all instances of noncompliance based on environmental hazards and chemical pills and releases, all needed line (� how' number for environmental hazards and Department spills and releases: I-877-513-5608) Environmenwithin 44reportingors from the time the permittee becomes aware of the cir circumstances. For all other instances of noncompliance as defined in this section, all needed information must be provided orally to the Water Quality Control Division within 24 hours from the time the permittee becomes aware of the circumstances. For all instances of noncompliance identified here, a written submission shall also be provided within 5 calendar days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of: 1) The noncompliance and its cause; 2) The period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; 3) Steps taken or planned to reduce, eliminate, and prevent reoccunence of the noncompliance. A. MANAGEMENT REQUIREMENTS (cont.) 4. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, or relevant new information becomes available, the permittee shall promptly submit the relevant application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. 5. Bvpass a) A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts I.B.3 and LD.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a permittee for such a bypass, unless: 1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g., alternative BMPs), retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g., implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3) The permittee submitted notices as required in "Non -Compliance Notification," Part ILk3. 6. Upsets a) Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements if the requirements of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) b) Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: 1) An upset bcctured and that the permittee can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 4) The permittee complied with any remedial measures required under 40 CFR Section 122.41(d) of the federal regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations. c) Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 7. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. A. MANAGEMENT REQUIREMENTS (cont.) 9. Reduction Los or Failure of Stormwater Controls The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary compliance with its permit, control production, or remove all pollutant sources from exposure to stormwateq or both, until 'the stormwater controls are restored or an to maintain It shall not be a defense for a alternative method of treatment/control is provided. It shall in orderbe ato permittee in an enforcement action that it would be necessary to halt or reduce the permitted maintain compliance with the conditions of this permit. 10. Pro er 0 eration and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator and training, and adequate laboratory and process controls, including appropriate quality ass provision requires the operation of back-up or auxiliary facilities or similar systems only when necess�o achieve compliance with the conditions of the permit. necessary to 13. RESPONSIBILITIES 1. Insneetions andR t ht toEntry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative(s), upon the presentation of credentials: a) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b) At reasonable times to have access to and copy any records required to be kept under the terns and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c) To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all facilities or areas within the permittees premises that may have any effect on the discharge, permit, or any alleged violation. 2. Duty to Provide Information The permittee shall furnish to the Division, within the time frame specified by the Division, any Division may request to determine whether cause exists for under this modifying, revokpermittee h and reissuing, to the 'vh vting coverage permit, or to determine compliance with pe permit. The pemrittee shall also furnish m the Division, upon request, copies of records required to be kept by this permit. 3. Transfer of Ownershi or Control Certification under this permit may be transferred to a new permittee if: a) The current permittee notifies the Division in writing when the transfer is desired as outlined in Part I A 7; and b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between them; and c) The current permittee has met all fee requirements of the Colorado Discharge Permit System Regulations, Section 61.15. B. RESPONSIBILITIES (cont.) 4. Modification, Suspension, or Revocation of Permit By Division All permit modification, inactivation or revocation and reissuance actions shall be subject to the requirements of the Colorado Discharge Permit System Regulations, Sections 61.5(2), 61.5(3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for minor modifications. a) This permit, and/or certification under this permit, may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including, but not limited to, the following: 1) Violation of any terms or conditions of the permit; 2) Obtaining a permit by misrepresentatidn or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) Promulgation of toxic effluent standards or prohibitions (including any schedule of compliance specified in such effluent standard or prohibition) which are established under Section 307 of the Clean Water Act, where such a toxic pollutant is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit. b) This permit, and/or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) Promulgation of Water Quality Standards applicable to waters affected by the permitted discharge; or 2) Effluent limitations or other requirements applicable pursuant to the State Act or federal requirements; or 3) Control regulations promulgated; or 4) Other available information indicates a potential for violation of adopted Water Quality Standards or stream classifications. c) This permit, or certification under this permit, may be modified in whole or in part to include new effluent limitations and other appropriate permit conditions where data submitted pursuant to Part I indicate that such effluent limitations and permit conditions are necessary to vague compliance with applicable water quality standards and protection of classified uses. d) At the request of the permittee, the Division may modify or inactivate certification under this permit if the following conditions are met: 1) In the case of inactivation, the permittee notifies the Division of its intent to inactivate the certification, and certifies that the site has been finally stabilized; 2) In the case of inactivation, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled discharge(s) which may affect waters of the State. 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or inactivation; 4) Fee requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met; and 5) Applicable requirements of public notice have been met. For small construction sites covered by a Qualifying Local Program, coverage under this permit is automatically terminated when a site has been finally stabilized. B. RESPONSIBILITIES (cont.) 5. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. Dischargers of stormwater associated with industrial activity, as defined in the EPA Stormwater Regulation (40 CFR 122.26(6)(14) and Section 61.3(2) of the Colorado Discharge Permit System Regulations, which do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101, as amended. Failure to comply with CDPS permit requirements will also constitute a violation. 6. Leval Res`ilities The issuance of this permit does not convey any property or water rights in either real or personal property, flows, or any exclusive privileges, nor does it authorize any injury to private property nor anyP Pert}', or stream infringement of Federal, State or local laws or re or any evasion of personal rights, regulations. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation undeer auuthorityany granted by Section 510 of the Clean Water Act. 7. Severabtiity The provisions of this permit are severable. If any provisions of this permit, or the application of any provision of this pent to any circumstance, are held invalid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 8. Renewal Annii�ti_n If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least ninety (90) days before this permit expires. If the permittee anticipates that there will be no discharge after the expiration date of this permit, the Division should be promptly notified so that it can inactivate the certification in accordance with Part II.B q d 9. Confdenttality Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations, Section 61.5(4), all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division. The permittee must state what is confidential at the time of submittal. Any information relating to any secret process, method of manufacture or production, or sales or marketing data which has been declared confidential by the permittee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Commission or the Division, but shall be kept confidential. Any of this section shall bear the burden of proving its applicability. This section shall never be inn terpreted to invoke as thev protectioninfll disclosure of effluent data, rpreted as preventing full 10. Fees The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. B. RESPONSIBILITIES (cont.) 11. Requiring an individual CDPS Permit The Director may require the permittee to apply for and obtain an individual or alternate general CDPS permit if: a) The discharger is not in compliance with the conditions of this general permit; b) Conditions or standards have changed so that the discharge no longer qualifies for a general permit; or c) Data/information become available which indicate water quality standards may be violated. The permittee must be notified in writing that an application for an individual or altemate general CDPS permit is required. When an individual or alternate general CDPS permit is issued to an operator otherwise covered under this general permit, the applicability of this general permit to that operator is automatically inactivated upon the effective date of the individual or alternate general CDPS permit. Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 RATIONALE STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY GENERAL PERMIT IN COLORADO THIRD RENEWAL COLORADO DISCHARGE PERMIT NUMBER COR -030000 CONTENTS PAGE 1• Introduction 1 IL Chant, " in this General Permit 1 III. Backgro..ad 8 IV. Stormwater Discharges Associated with Construction Activity 9 V. Coverage Under this Permit 10 VI. Application and Certification 10 VII Qual jying Local Programs 11 VIII Terms and Conditions of Permit LY Public Notice —12/22/06 11 X Public Notice — 3/23/07 15 15 I. INTRODUCTION This permit is for the regulation ofstormwater runofffrom construction activities, and specific allowable non- stormwater discharges in accordance with Pan ID.3 of the permit. The term "construction activity" includes ground surface disturbing activities, including, but not limited to, clearing, grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, stockpiling offtll materials, and borrow areas. "Stormwater" is precipitation -induced surface runoff This rationale will explain the background of the Stormwater program, activities which are covered under this permit, how to apply for coverage under this permit, and the requirements of this permit. 0 - The forms discussed in the rationale and permit are available on the Water Quality Control Division's website at: www,cdphe.state.co.us/wq/PermitsUnit 11. CHANGES IN THIS GENERAL PERMIT Several notable changes from the previous General Permit for Construction Activities have been incorporated into this permit. Significant changes are listed below. Numerous other minor changes were made for clarification purposes only. A. Authority to Discharge This section has been restructured to list all of the types of activities covered by this permit, and to be consistent with the definition of "construction activity." The definition of construction activity has been expanded to provide clarification. See Part LA.1 of the permit. PART II Permit - Page 24 II CHANGES IN THIS GENERAL PERMIT (cont.) Permit No. COR -030000 B. Authority to Discharge — Oil and Gas Construction This section has been added, to take into account a regulatory change. The federal Energy Policy Act of 2005 exempts nearly all oil and gas construction activities from federal requirements under the Clean Water Act's NPDES stormwater discharge permit program. In January 2006, the Colorado Water Quality Control Commission held a hearing to determine what effects, if any, the change in federal law would have upon Colorado's stormwater regulations. The Commission determined that oil and gas construction sites in Colorado that disturb one or more acres are still required to be covered under Colorado's stormwater permitting regulations (Colorado Discharge Permit System (CDPS) regulations (SCCR 1002-61)). In practice, oil and gas construction sites have the same requirements under this permit as do other types of construction. However, this permit contains some references to the federal Clean Water Act; generally these references are not applicable to oil and gas construction sites to the extent that the references are limited by the federal Energy Policy Act of 2005. See Pan I.A.1(b) of the permit. C. Application Requirements The permit application requirements have changed slightly, including the addition of an email address, if available. See Part l.A.4(b). The applicant must be either the owner and/or operator of the construction site. An operator at a construction site that is not covered by a certification held by an appropriate entity may be held liable for operating without Me necessary permit coverage. D. Temporary Coverage Part IA. 5(d) of the previous permit (effective July 1, 2002) dealt with temporarily covering a facility under the general permit even if an individual permit is more appropriate. This permit section essentially duplicated the previous section (see Part LA.5(c)), and so it has been deleted. E. Reassignment ofPermit Coverage Procedures have been added to clar fy the requirements for the transfer of coverage ofspeciftc portions of a permitted site to a second party. See Section YIILI3 of the rationale and Part LA.8 of the permit. F. Individual Permit Criteria This section has been modified to include situations involving a Total Maximum Daily Load (TMDL). See PartLA.11 ofthepermit. G. Stormwater Management Plan (SWMP) The Stormwater Management Plan section has been divided into two parts: StormwaterManagement Plan (SWMP) — General Requirements, which provides the basicframework amework and general requirements for the SWMP, and Stormwater Management Plan (SWMP) — Contents, which specifically identifies each item that must be addressed in the SWMP. See Parts LB and IC of the permit. H. Stormwater Management Plan (SWMP) — General Requirements The SWMP General Requirements section has been modified to require that the SWMP be updated in accordance with Parts I.D.5(c) and ID.5(d) of the permit (SWMP Review/Changes). This additional requirement ensures that the SWMP provisions reflect current site conditions. See Part LB. 2(c) of the permit. IL CHANGES IN THIS GENERAL PERMIT (cont.) StormwaterManaoementPlan SWMP —Contents The SWMP Contents section has been modified. Some of the changes are limited to organization of information, which does not require modification ofan existing permittee's current SWMP. Most of the SWMP changes involve either clanfications, reformatting, or taking recommendationsfrom the Division's SWMP guide and making them permit requirements (e.g., vehicle tracking controls, BMP installation specifications). If an existing permittee (Le., those with permit coverage before June 30, 2007) followed the recommendations in the SWMP guide (Appendix A of the permit application), then their SWMP will presumably meet the new requirements. However, for any existing permittees who did not follow the applicable SWMP guide recommendations, their SMWP must be amended to include the new required items: -SWMP Administrator -Identification ofpotential pollutant sources -Best Management Practices descriptions and installation specifications, including dedicated concrete or washout activities). asphalt batch plants; vehicle tracking control; and waste management and disposal (including concrete For existing permittees, any SWMP changes based on the change in permit requirements must be completed by October 1, 2007. The plan is not to be submitted to the Division unless requested, but must be available on site as outlined in Pan I.D. S(b) of the permit. The BMP requirement clarifications included in this renewed permit in no way imply that adequate BMPs to address all pollutant sources at a permitted site were not required in previous permits. The revised requirements are intended only to better clam SWMP content requirements and provide improved direction to permittees. The SWMP changes are listed below. All new applicants (after June 30, 2007) for permit coverage for their sites must fully comply with the new SWMP organization, plan requirements, and implementation. I. Site Description: The requirement to provide an estimate of the run-off coefficient has been removed. The run-off coefficient as currently utilized in the SWMP may not contribute sufficiently to permit compliance to juste the effort in determining accurate values. See Pan I. C.1 of the permit. However, the Division still encourages use of the coefficient as needed to adequately evaluate site-specific BMP selection and design criteria (e.g., pond capacities, BMP location, etc.) See Section C.2 of the SWMP guidance (Appendix A of the permit application). 2. Site Map: The requirement to Wenn), oundaries of the I00 year flood plain has been removed. The boundaries as currently utilized in the SWMP may not contribute sufficiently to permit compliance to juste the effort in determining their location. See Part 1C.2 of the permit. 3. Starmwater Management Controls: This section has been modified to require identification ofa SWMP Administrator and all potential pollutants sources in the SWMP. See Part I.C.3 of the permit. a) The SWMP Administrator is a specific individual(s), position or title who is responsible for the process of developing, implementing maintaining, and revising the SWMP. This individual serves as the comprehensive point of contact for all aspects of the facility's SWMP. This requirement may necessitate changes to existing permittees' SWMPs, PART II Permit - Page 25 Permit No. COR -030000 II. CHANGES IN THIS GENERAL PERMIT (cont.) PART II Permit - Page 26 Permit No. COR -030000 b) The requirement to identify Potential Pollutant Sources has been expanded to include more details for the evaluation ofsuch sources. This evaluation allows for the appropriate selection of BMPs for implementation at a facility or site. Additionally, this section was added to be consistent with the SWMP guide. This requirement may necessitate changes to existing permittees' SWMPs. c) Best Management Practices (BMPs) for Stormwater Pollution Prevention: This section was modified to require the following items to be addressed in the SWMP. These requirements may necessitate changes to existing permittees' SWMPs. This section also requires that the SWMP provide installation and implementation specifications for each BMP identified in the SWMP. For structural BMPs, in most cases, this must include a technical drawing to provide adequate installation specifications. See Part I.C.3(c). i) Dedicated concrete or asphalt batch plants. This section requires that the practices used to reduce the pollutants in stormwater discharges associated with dedicated concrete or asphalt batch plants be identified in the SWMP. (Coverage under the construction site SWMP and permit is not required for batch plants if they have alternate CDPS permit coverage.) it) Vehicle tracking control. This section requires that practices be implemented to contral sediment from vehicle tracking, and that all such practices implemented at the site be clearly described in the SWMP. iii) Waste management and disposal. This section requires that the practices implemented at the site to control stormwater pollution from construction site waste, including concrete washout activities, be clearly described in the SWMP. It also requires that concrete washout activities be conducted in a manner that does not contribute pollutants to surface waters or stormwater runoff. iv) Concrete Washout Water. Part I.D.3(c) of the permit has been revised to conditionally authorize discharges to the ground of mcrete wash water from washing of tools and concrete mixer chutes when appropriaer BMPs are implemented. The permit prohibits the discharge of concrete washout water to surface waters and to storm sewer systems. Part I.C.3(c)(7) of the permit requires that BMPs be in place to prevent surface discharges of concrete washout waterfrom the site. The use of unlined pits to contain concrete washout water is a common practice in Colorado. The Division has further evaluated the need for a permit for discharge of concrete washout water to the ground. The Division has determined that the use of appropriate BMPs for on-site washing of tools and concrete mixer chutes would prevent any significant discharge to groundwater. BMPs to protect groundwater are required by Pan I.C.3(c)(7) of the pennit. Because pH is a pollutant of concern for washout activities, the soil must have adequate buffering capacity to result in protection of the groundwater standard, or a liner/containment must be used. The following management practices are recommended to prevent an impact from unlined pits to groundwater: (1) the use of the washout site should be temporary (less than 1 year), and (2) the washout site should be not be located in an area where shallow groundwater may be present, such as near natural drainages, springs, or wetlands. II. CHANGES IN THIS GENERAL PERMIT (cont.) PART II Permit - Page 27 Permit No. COR -030000 Where adequate management practices are not followed to protect groundwater quality, the Department may require discharges to unlined pits 10 cease, or require the entity to obtain alternate regulatory approval through notice from either the Water Quality Control Division or the Hazardous Materials and Waste Management Division. In addition, Part ID. 1(b) of the permit has been revised to clearly state that the permit does not authorize on-site permanent disposal of concrete washout waste, only temoorary containment of concrete washout water from washing of tools and concrete mixer chutes. Upon termination of use of the washout site, accumulated solid waste, including concrete waste and any contaminated soils, must be removed front the site to prevent on-site disposal of solid waste. v) Construction Dewatering. Part LD.3(d) of the permit has been revised to conditionally authorize discharges to the ground of water from construction dewatering activities when appropriate BMPs are implemented. The permit does not authorize the discharge of groundwater from construction dewatering to surface waters or to storm sewer systems. Pan 1..C.3(c)(8) of the permit requires that BMPs be in place to prevent surface discharges. The permittee may apply for coverage under a separate CDPS discharge permit, such as the Construction Dewatering general permit, if there is a potential for discharges to surface waters. The Division has determined that potential pollutant sources introduced into groundwater from construction dewatering operations do not have a reasonable potential to result in exceedance of groundwater standards when the discharge is to the ground. The primary pollutant of concern in uncontaminated groundwater is sediment. Although technology- based standards for sediment do exist in 5 CCR 1002-41, the discharge of sediment to the ground as part of construction dewatering does not have the reasonable potential to result in transport of sediment to the groundwater table so as to result in an exceedance of those standards. For a discharge of water contaminated with other pollutants that are present in concentrations that may cause an exceedance of groundwater standards, separate CDPS discharge permit coverage is required. Contaminated groundwater may include that contaminated with pollutants from a landfill, mining activity, industrial pollutant plume, underground storage tank, or other source of human -induced groundwater pollution and exceeding the State groundwater standards in Regulations 5 CCR 1002-41 and 42. J. Terms and Conditions General Limitations and Desi n Standards This section reiterates the requirement that facilities select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. In addition, requirements for protection of water quality standards (see Part I.D.1. (a) of the permit) and requirements to adequately design BMPs to prevent pollution or degradation of State waters (see Part I.D.2 of the permit) have been revised and are fully discussed in Pan HIS of the rationale, below. Additional language was also added to Section 11111 of the rationale further clarifying the expectations for compliance with this permit. I. Manaeementot'Stte waste This section has been modified to clary that on-site waste must be properly managed to prevent potential pollution of State waters, and that this permit does not authorize on-site waste disposal. Solid waste disposal is regulated by the Hazardous Materials and Waste Management Division. II. CHANGES IN THIS GENERAL PERMIT (cont.) K. Terms and Conditions SWMP Requirements 1. SWMP Review/Changes: This section now requires that when changes are made to site conditions, the SWMP must be revised immediately, except for some BMP description changes which conditionally may occur within 72 hours. This requirement is included to both ensure that the SWMP be kept accurate and up-to-date, and to clary that stormwater management at a site typically should be proactive instead of responsive, and be integrated into site management to ensure it is calibrated with those changes. The section was also clarified to state that only changes in site conditions that do not require new or modified BMPs do not need to be addressed in the SWMP. See Part LD.5(c) of the permit. PART II Permit - Page 28 Permit No. COR -030000 2. SWMP Certification: The previous permit was unclear on a requirement that the copy of SWMP that remains at the facility had to be signed in accordance with permit signatory requirements. This requirement has been deleted. The signatory requirement of Part I.F.1 only applies to the SWMP if it is to be submitted to the Division or to EPA. See Part J.F. 1 of the permit. L. Terms and Conditions, Post -Storm Inspections The previous permit required post -storm inspections, but did not specify the timing of inspections. This section now requires that post -storm event inspections generally be conducted within 24 hours of the event. An alternative timeline has been allowed, only for sites where there are no construction activities occurring following a storm event. For this condition, post -storm event inspections shall instead be conducted prior to commencing construction activities, but no later than 72 hours following the storm event, and the delay noted in the inspection report. Any exception from the minimum inspection schedule is temporary, and does not eliminate the requirement to perform routine maintenance due to the effects ofa storm event, including maintaining vehicle tracking controls and removing sedimentfromimpervious areas. In many cases, maintenance needs will require a more frequent Inspection schedule than the minimum inspections required in the permit, to ensure that BMPs continue to operate as needed to comply with the permit. See Part I.D.6(a) of the permit. M. Terms and Conditions. inspections 1. The Winter Conditions Inspection Exclusion section has been modified to include documentation requirements for this exclusion. See Pan I.D.6(a) of the permit. The Inspection Scope has been modified to include the requirement to inspect waste storage areas during inspections conducted in accordance with the permit. See Pan I.D.6(b) of the permit. 2. The requirements for sites to qualifyfor reduced inspection frequencies for completed sites have been slightly modified (see Pan I.D.6(a)(2) of the permit,). The requirement now is that only construction activities that disturb the ground surface must be completed. Construction activities that can be conducted without disturbance of the ground surface; for example, interior building construction, and some oil well activities, would not prohibit a site from otherwise'qualifying for the reduced inspection frequency. In addition, the requirementfor the site to be prepared for final stabilization has been slightly modified to allow for sites that have not yet been seeded to qualify, as long as the site has otherwise been prepared forfrnal stabilization, including completion of appropriate soil preparation, amendments and stabilization practice. This will allow for sites with seasonal seeding limitations or where additional seed application may be needed in the future to still qual. 11. CHANGES IN THIS GENERAL PERMIT (cont.) PART 11 Permit - Page 29 Permit No. COR -030000 3. The Inspection Report/Records section (Part ID.6(b)(2)) was added to clari requirements for inspection reports generated during an inspection conducted in accordance with Pan I.D.6 of the permit. Inspection reports must be signed by the inspector, or the individual verifying the corrective action indicated in the inspection report, on behalf of the permittee. Inspection reports are not typically required to be submitted to the Division, and therefore, are not required to be signed and certified for accuracy in accordance with Part I.F.1 of the permit. However, any inspection reports that are submitted to the Division must follow the signatory requirements contained in that section. N. Terms and Conditions Maintenance Re.air and Re.lacement o Control Practices These sections have been added to clay* requirements for maintaining the BMPs identified in the SWMP and for addressing ineffective or failed BMPs. BMP maintenance and site assessment to determine the overall adequacy ofstormwater quality management at the site must occur proactively, in order to ensure adequate control ofpollutant sources at the site. In most cases, if BMPs are already not operating effectively, or have failed, the issue must be addressed immediately, to prevent discharge of pollutants. See Pans I.D.7 and LD.8 of the permit. a Total Maximum Dai1v Load /TMDLI A section on TMDLs has been added. This section gives a general outline of the additional requirements that may be imposed by the Division if the facility discharges to a waterbody for which a stortnwater-related TMDL is in place. See Section VIII. C of the rationale and Part I.D.11 of the permit. P. Additionaons Q. Part LE of the permit has been modified to remove the definition of tunofcoeficient, as it 4 no longer a permit requirement. The definition for state waters has also been deleted, but can be found in Regulation 61. Chances Chances tchaice The section on the types of discharge orfacility changes yaw necessitate Division notification has been clarified. See Part H.A.1 of the permit. R. Non -Com Hance Notification The section on notification to the Division regarding instances of non-compliance has been amended to clarify which types of noncompliance require notification. See Pan 114.3 of the permit. S. Short Tenn Certifications The previous permit allowed small short-term construction activities to be authorized for a predetermined periodtom 3 to 12 months, and then automatically expire (an inactivation request did not need to be submitted). The issuance of these certifications has led to significant confusion and incidents of noncompliance resulting from permittees unintentionally letting their certifications expire prior to final stabilization, as well as issues regarding billing. Therefore, the provisions for short-term certifications have been deleted. T. BVDass The Division has revised the Bypass conditions in PartII.A.5 of the permit to be consistent with the requirements of Regulation 61.8(3)(1). The revised language addresses under what rare occurrences BMPs may be bypassed at a site. III. BACKGROUND PART II Permit - Page 30 Permit No. COR -030000 As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency (EPA) has established a framework for regulating municipal and industrial stormwater discharges. This framework is under the National Pollutant Discharge Elimination System (NPDES) program (Note: The Colorado program is referred to as the Colorado Discharge Permit System, or CDPS, instead of NPDES.) The Water Quality Control Division ("the Division') has stannwater regulations (5CCR 1002-61) in place. These regulations require specific types of industrial facilities that discharge stormwater associated with industrial activity (industrial stormwater), to obtain a CDPS permit for such discharge. The regulations specifically include construction activities that disturb one acre of land or more as industrial facilities. Construction activities that are part ofa larger common plan of development which disturb one acre or more over a period of time are also included. A. General Permits The Division has determined that the use of general permits is the appropriate procedure for handling most of the thousands of industrial stormwater applications within the State. B. Permit Requirements This permit does not impose numeric effluent limits or require submission of effluent monitoring data in the permit application or in the permit itself The permit instead imposes practice -based effluent limitations for stormwater discharges through the requirement to develop and implement a Stormwater Management Plan (SWMP). The narrative permit requirements include prohibitions against discharges of non-stormwater (e.g., process water). See Part I.D.3 of the permit. The permit conditions for the SWMP include the requirement for dischargers to select, implement and maintain Best Management Practices (BMPs) at a permitted construction site that adequately minimize pollutants in the discharges to assure compliance with the terms and conditions of the permit. Part I.D.2 of the permit includes basic design standards for BMPs implemented at the site. Facilities must select, install, implement, and maintain appropriate BMPs, following good engineering, hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to control all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. Pollution is defined in CDPS regulations (5CCR 1002-61) as man-made or man -induced, or natural alteration of the physical, chemical, biological, and radiological integrity of water. Utilizing industry -accepted standards for BMP selection that are appropriate for the conditions and pollutant sources present will typically be adequate to meet these criteria, since construction BMPs are intended to prevent the discharge of all but minimal amounts of sediment or other pollutants that would not result in actual pollution of State waters, as defined above. However, site-specific design, including ongoing assessment of BMPs and pollutant sources, is necessary to ensure that BMPs operate as intended. The permit further requires that stormwater discharges from construction activities shall not cause, have the reasonable potential to cause, or measurably contribute to an excursion above any water quality standard, including narrative standards for water quality. This condition is the basis for all CDPS Discharge permits, and addresses the need to ensure that waters of the State maintain adequate water quality, in accordance with water quality standards, to continue to meet their designated uses. It is believed that, in most cases, BMPs can be adequate to meet applicable water quality standards. If water quality impacts are noted, or the Division otherwise determines that additional permit requirements are necessary, they are typically imposed as follows: 1) at the renewal of this general permit or through a general permit specific to an industrial sector (f the issue is sector -based); 2) through direction from the Division based on the implementation ofa TMDL (if the issue is watershed -based); or 3) if the issue is site-specific, through a revision to the certification from the Division based on an inspection or SWMP review, or through an individual permit. 111. BACKGROUND (cont.) PART 11 Permit - Page 31 Permit No. COR -030000 Some construction sites may be required to comply with a Qual Eying Local Program in place of meeting several of the specific requirements in this permit. Sites covered by a Qualifying Local Program may not be required to submit an application for coverage or a notice of inactivation and may not be required to pay the Division's annual fee. See Section VII of the rationale. C. Violation -ties Dischargers of stormwater associated with industrial activity, as defined in the CDPS regulations (SCCR 1002-61), that do not obtain coverage under this or other Colorado general permits, or under an individual CDPS permit regulating industrial stormwater, will be in violation of the Federal Clean Water Act and the Colorado Water Quality Control Act, 25-8-101. For facilities covered under a CDPS permit, failure to comply with any CDPS permit requirement constitutes a violation. As of the time ofpermit issuance, civil penalties for violations of the Act or CDPS permit requirements may be up to $10, 000 per day, and criminal pollution of state waters is punishable by fines of up to $25,000 per day. IV. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY The stormwater regulations (CDPS regulations (5CCR 1002-61)), require that stormwater discharges associated with certain industrial activities be covered under the permit program. Construction activity that disturbs one acre or more during the life of the project is specifically included in the listed industrial activities. This permit is intended to cover most stormwater discharges from construction facilities required by State regulation to obtain a permit. A. Construction Construction activity includes ground surface disturbing activities including, but not limited to, clearing, grading, excavation, demolition, installation of new or improved haul and access roads, staging areas, stockpiling of Jill materials, and dedicated bon-ow/frll areas. Construction does not include routine maintenance 10 maintain original line and grade, hydraulic capacity, or original purpose of the facility. (The maintenance exclusion is intended for projects such as road resurfacing, and where there will be less than one acre of additional ground disturbed. Improvements or upgrades to existing facilities or roads, where at least one acre is disturbed, would not qualify as "routine maintenance.") Definitions of additional terms can be found in Pan LE of the permit. Stormwater discharges from all construction activity require permit coverage, except for operations that result in the disturbance of less than one acre of total land area and which are not pan of a larger common plan of development or sale. A "larger common plan of development or sale" is a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules. B. Tvaes ofDischarP /e vered 1. Starmwaten This permit is intended to cover most new or existing discharges composed entirely of stormwater from construction activities that are required by State regulation to obtain a permit. This includes stormwater discharges associated with areas that are dedicated to producing earthen materials, such as soils, sand, and gravel, for use at a single construction site. These areas may be located at the construction site or at some other location. This permit does not authorize the discharge of mine water or process water from borrow areas. This permit may also cover stormwater discharges associated with dedicated asphalt plants and concrete plants located at a specific construction site. PART 11 Permit - Page 32 Pet No. IV. STORMwATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY (ccoont.) COR -030000 2. Process water: Under certain restrictions, discharges to the ground from construction dewatering, and from concrete washout activities, are also covered (see Parts 1.C.3(c)(7), I.C.3(c)(8), I.D.3(c) and ID.3(d) of the permit). C. Types ofActivities NOT Covered 1. Stormwater: Aside from the sources listed in subparagraph B.1, above, this permit does not cover stormwater discharged from construction sites that is mixed with stormwater from other types of industrial activities, or process water of any kind. Other types of industrial activities that require stormwater discharge permits pursuant to different sections of the regulations (Regulation 5 CCR 1002-61, Section 61.2(e)(1h)(A-I, K)J, are not covered by this permit. 2. Process water: This permit also does not cover any discharge ofprocess water to surface waters. If the construction activity encounters groundwater, in order to discharge this groundwater to surface waters, a Construction Dewatering Discharge Permit (permit number COG -070000) must also be obtained. An application for this permit can be obtained from the Division at the address listed in Pan LA.4(a) of the permit, or at the website in Section I of the rationale. V. COVERAGE UNDER THIS GENERAL PERMIT Under this general permit, owners or operators ofstormwater discharges associated with construction activity may be granted authorization to discharge stormwater into waters of the State of Colorado. This includes stonmwater discharges associated with industrial activityfrom areas that are dedicated to producing earthen materials, such as soils, sand and gravel, for use at a single construction site, and dedicated asphalt plants and dedicated concrete plants. This permit does not pre-empt or supersede the authority of other local, state or federal agencies to prohibit, restrict or control discharges ofstormwater to storm drain systems or other water courses within their jurisdiction. Authorization to discharge under the permit requires submittal ofa completed application form and a certification. that the SWMP is complete, unless the site is covered by a Qualifying Local Program. Upon receipt of all required information, the Division may allow or disallow coverage under the general permit. VI. APPLICATION AND CERTIFICATION At least ten days prior to the commencement of construction activities, the owner or operator of the construction site shall submit an original completed application which includes the signed certification that the SWMP is complete. Original signatures are required for the application to be considered complete. For small construction sites only, if the site is covered by a Qual Eying Local Program (see below), submittal of an application is not required. For the purposes of this permit, the "operator" is the person who has day-to-day control over the project. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. At different times during a construction project, different types of parties may satisfy the definition of "operator" and the certification may be transferred as roles change. (Note - Under the Federal regulations, this application process is referred to as a Notice of Intent, or NOI. For internal consistency with its current program, the Division will continue to use the term "application.) A summary of the permit application requirements is found in the permit at Part LA.4(b). If coverage under this general penult is appropriate, then a certification will be developed and the applicant will be certified under this general permit. VII. QUALIFYING LOCAL PROGRAMS PART II Permit - Page 33 Permit No. COR -030000 For stormwater discharges associated with small construction activity (/.e., one to five acre disturbed area sites), the permit includes conditions that incorporate approved qual fy/ng local erosion and sediment control program (Qualifying Local Program) requirements by reference. A Qual Eying Local Program is a municipal stormwater program for stormwater discharges associated with small construction activity that has been formally approved by the Division. The requirementsjor Qualffring Local Programs are outlined in Part 61.8(12) of the Colorado Di -charger Permit System Regulations (also see the Division "QualEying Local Programs for Small r instruction Sites - Application Guidance"). Such programs must impose requirements to protect water quality that are at least as stringent as those required in this permit. A. Approyal at_ A Qualing Local Program may be terminated by either the Division or the municipality. Upon termination ofDivision approval of a Qual Eying Local Program, any small construction activity required to obtain permit coverage under Section 61.3(2)(h) of the CDPS regulations (5CCR 1002-61), shall submit an application foam as provided by the Division, with a certification that the Stormwater Management Plan (SWMP) is complete as required by Part 1.4.3 of the permit, within 30 days ofDivision notification. B. Apprpya pirat__ Division approval of a Qualifying Local Program will expire with this general permit on June 30, 2012. Any municipality desiring to continue Division approval of their program must reapply by March 31, 2012. The Division will determine if the program may continue as a approved Qualifring Local Program. VIII. TERMS AND CONDITIONS OF PERMIT A. Covera a under a uaii in Local Pro am — For Small Construction Sites On! For small construction sites (disturbing less than 5 acres) covered under a Qualifying Local Program (see Section VII, above), only certain permit requirements apply, as outlined below. The local program must have been formally designated by the Division to qualify. Most municipalities have some type of local program and may require permits and fees. However, simply having a program in place does not necessarily mean that it is a qual Eying program and that a State permit is not required. The local municipality is responsible for notifying operators and/or owners that they are covered by a Qual ming Local Program. As of May 31, 2007, the only approved QualEying Local Programs within the state are for Golden, Durango and Lakewood. An updated list of municipalities with Qualifying Local Programs, including contact information, is available on the Division's website at: lu .:/.'www. cd he.state.co.as/%j' /Permit Cin/dstwmwatericonsuvtct/on.htnrl. The Division reserves the right to require any construction owner or operator within the jurisdiction of a Qualifying Local Program covered under this permit to apply for and obtain coverage under the full requirements of this permit. 1. Permit Coverage: Ifa construction site is within the jurisdiction of a Qualing Local Program, the owner or operator of the construction activity is authorized to discharge stormwater associated with small construction activity under this general permit without the submittal of an application to the Division. The permittee also is not required to submit an inactivation notice or payment of an annual fee to the Division. VIII. TERMS AND CONDITIONS OF PERMIT (cont.) 2. Permit Terms and Conditions: The permittee covered by a Qualifying Local Program must comply with the requirements of that Qualifying Local Program. In addition, the following permit sections ay e applicable: PART II Permit - Page 34 Permit No. COR -030000 a) Parts 1.A.1, 1.A.2, and 1.A.3: Authorization to discharge and discussion of coverage under the permit. b) Part I.D.1: General limitations that must be met in addition to local requirements. c) Parts ID.2,ID.3,ID.4: BMP implementation, prohibition of non-stormwater discharges unless addressed in a separate CDPSpermit, and requirements related to releases of reportable quantities. d) Pan I.D.!): Potential coverage under a Total Maximum Daily Load (TMDL). e) Pan LE: Additional definitions. .1) Part 11 (except forParts ILA.1, II.B.3, II.B.8, and I1.B.10): Specifically includes, but is not limited to, provisions applicable in the case of noncompliance with permit requirements, and requirements to provide information and access. B. Stormwater Management Plans (SWMPs) Prior to commencement of construction, a stormwater management plan (SWMP) shall be developed and implemented for each facility covered by this permit. A certification that the SWMP is complete must be submitted with the permit application. The SWMP shall identify potential sources ofpollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with construction activityfrom the faciliry. In addition, the plan shall describe the Best Management Practices (BMPs) which will be used to reduce the pollutants in stormwater discharges from the construction site. (Note that permanent stormwater controls, such as ponds, that are used as temporary construction BMPs must be adequately covered in the SWMP.) Facilities must implement the provisions of their SWMP as a condition of this permit. The SWMP shall include the following items: 1. Site Description 2. Site Map 3. Stormwater Management Controls 4. Long-term Stormwater Management 5. Inspection and Maintenance (See Parts LB. and IC of the permit for a more detailed description of SWMP requirements) The Division has a guidance document available on preparing a SWMP. The document is included as Appendix A of the permit application, and is available on the Division's website at www.cdphe.slate.co.us/wa/PetmitsUnit. Some changes have been made to the SWMP requirements. See Section ILI of the rationale for a discussion on permiuee responsibilities regarding those changes. PART 11 VIII TERMS AND CONDITIONS OF PERMIT (cont) Perm - o. C R 5 Permit t No. COR -030000 Master SWMP Often, a large construction project will involve multiple smaller construct/on sites that are within a common plan of development, or multiple well pads under construction within an o/1 and gas well field. Pollutant sources and the types of BMPs used can be relatively consistent in such cases. A permittee could significantly streamline the SWMP development process through the use ofa master SWMP.. SWMP information must be developed and maintained for all construction activities that exceed one acre (or are part ofa common plan of development exceeding one acre) conducted within the permitted area. By developing a single master plan, the permittee can eliminate the need to develop repetitive information in separate plans. Such a plan could include two sections, one containing a reference section with information applicable to all sites (e.g., installation details and maintenance requirements for many standard BMPs, such as silt fence and erosion blankets), and the second containing all of the information specific to each site (e.g., site BMP map, drainage plans, details for BMPs requiring site specific design, such as retention ponds). As new activities begin, information required in the SWMP is added to the plan, and as areas become finally stabilized, the related information is removed. Records of information related to areas that have been finally stabilized that are removed from the active plan must be maintained for a period of at least three years from the date that the associated site is finally stabilized. C Total Maximum Dail Load TMDL If the designated use ofa stream or water body has been impaired by the presence of a pollutant(s), development ofa Total Maximum Daily Load (TMDL) may be required A TMDL is an estimate of allowable loading in the waterbody for the pollutant in question. Types of discharges that are or have the potential to be a significant source of the pollutant are also identified. If a TMDL has been approved for any waterbody into which the permittee discharges, and stormwater discharges associated with construction activity have been assigned a pollutant -specific Wasteload Allocation (WLA) under the TMDL, the Division will either: I. Notes the permittee of the TMDL, and amend the permiuee's certification to add specific BMPs and/or other requirements, as appropriate; or 2. Ensure that the TMDL is being implemented properly through alternative local requirements, such as by a municipal stormwater penult (The only current example of this is the Cheny Creek Reservoir Control Regulation (72.0), which mandates that municipalities within the basin require specific BMPs for construction sites.) See Part I.D.11 of the permit for further information. D. Mon/tor/n& Sampling and testing of stormwater for specific parameters is not required on a routine basis under this permit. However, the Division reserves the right to require sampling and testing on a case-by-case basis, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the ejjluent. See Pan ID.] (e) of the permit. E. Facility]_ ns` ne`t� Construction sites typically must inspect their stonnwater management controls at least every 14 days and within 24 hours after the end of any precipitation or snowmelt event that causes surface erosion. At sites or portions of sites where ground -disturbing construction has been completed but a vegetative cover has not been established these inspections must occur at least once per month. (At sites where persistent snow cover conditions exist, inspections are not required during the period that melting conditions do not exist. These VIII. TERMS AND CONDITIONS OF PERMIT (cont.) conditions are only expected to occur at high elevations within the Colorado mountains.) For all of these inspections, records must be kept on file. Exceptions to the inspection requirements are detailed in Part LD.6 of the permit. PART I1 Permit - Page 36 Permit No. COR -030000 F. SWMP Revisions The permittee shall amend the SWMP whenever there is a change in design, construction, operation, or maintenance of the site, which would require the implementation of new or revised BMPs. The SWMP shall also be amended if it proves to be ineffective in achieving the general objectives of controlling pollutants in stonnwater discharges associated with construction activity. The timing for completion of SWMP changes is detailed in Parts I.D. 5(c) and I.D.5(d) of the permit. SWMP revisions shall be made prior to change in thefield, or in accordance with Part I.D.5(d) of the permit. G. Reporting The inspection record shall be made available to the Division upon request. Regular submittal of an annual report is not required in this permit. See Pan LD.9 of the permit. H. Annual Fee The permittee is required to submit payment of an annual fee as set forth in the Water Quality Control Act. Permittees will be billed for the initial permit fee within a few weeks of permit issuance and then annually, based on a July 1 through June 30 billing cycle. I Responsibility for Permit The permit certification for a site may be inactivated, once coverage is no longer needed. The certification may be transferred, if another party is assuming responsibility for the entire area covered by the certification. In addition, permit responsibility for pan mete area covered by the certification may be reassigned to another party. These actions are summarised below. The Stormwater Program construction fact sheet explains these actions in further detail under the section on Multiple Owner/Developer Sites, and is available on the Division website at http://n.swcdphe.state.co.us/wn/PermitsUnit/stornewater/ConstFactSheet.PDF Section F. 1. Inactivation Nodce: When a site has been finally stabilized in accordance with the SWMP, the permittee shall submit an Inactivation Nodce that is signed in accordance with Part IF.1 of the permit. A summary of the Inactivation Notice content is described in Part I.A.6 of the permit. A copy of the Inactivation Notice form will be mailed to the permittee along with the permit certification. Additional copies are available from the Division. For sites where all areas have been removed from permit coverage, the permittee may submit an inactivation notice and terminate permit coverage. In such cases the permittee would no longer have any land covered under their permit certification, and therefore there would be no areas remaining to finally stabilize. Areas may be removedf tom permit coverage by: -reassignment of permit coverage (Part LA.8 of the permit); -sale to homeowner(s) (Pan I.A.9 of the permit); or -amendment by the permittee, in accordance with Division guidance for areas where pennit coverage has been obtained by a new operator or returned to agricultural use. VIII. TERMS AND CONDITIONS OF PERMIT (cont.) PART 11 Permit - Page 37 Permit No. COR -030000 2. Transfer of Permit. When responsibility for stormwater discharges for an entire construction site changes from one individual to another, the permit shall be transferred in accordance with Pan 1.4.7 of the permit. The permittee shall submit a completed Notice of Transfer form, which is available from the Division, and at www cdnhe.state.co.us4 /Pee-masttart. If the new responsible patty will not complete the transfer form, the permit may be inactivated ifthe permittee has no legal responsibility, through ownership or contract, for the construction activities at the site. In this case, the new owner or operator would be required to obtain permit coverage separately. 3. Reassignment of Permit. When a permittee no longer has control of a specific portion ofa permitted site, and wishes to transfer coverage of that portion of the site to a second party, the permittee shall subtnit a completed Notice of Reassignment of Permit Coverage form, which is available from the Division, and at www cd he state co uc/wa'Permitst/nit. Theform requires that both the existing permittee and new permittee complete their respective sections. See Pan I.A.B of the permit. J. Duration n ofPe�it The general permit will expire on June 30, 2012. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. Any permittee desiring continued coverage under the general permit past the expiration date must apply for recertification under the general permit at least 90 days prior to its expiration date. LY PUBLIC NOTICE — 12/22/06 The permit was sent to public notice on December 22, 2006. A public meeting was requested, and was held on February 2, 2007. Numerous comments were received on the draft pennit Responses to those comments, and a summary of changes made to the draft pennit, are in a separate document entitled 'Division Response To Public second public notice will be summarized in the rationale Comments." The permit will be sent to a second public notice on March 23, 2007. Any changes resultin glom the Kathleen Rosow December 18, 2006 X PUBLIC NOTICE — 3/23/07 The permit was sent to public notice for a second time on March 23, 2007. Numerous comments were received on the second draft permit. Responses to those comments, and a summary of the additional changes made to the draft permit, are contained in a separate document entitled 'Division Response To Public Comments Part II". This document is pan of the rationale. Any changes based on the Division response are incorporated into the rationale and permit. The response document is available online at hit.://www.al hestate.co.ur/w/PermitsUnit/stormwater/bonstruction.html or byemalling cd lie. w storm wstate. co. us or by calling the Division at 303-6924517. Kathleen Rosow March 22, 2007 Kathleen Rosow May 31, 2007 HOUSING SPECIFICATIONS TAB AMERI-TECH BUILDING SYSTEMS, LLC 1084 HWY 7 EAST CENTER TEXAS 75935 PHONE: 936-598-6689 FAX: 936-598-8568 www.ameritechbuildings.com 13'-8" �IWP -it PANELI 0i 0 3 -----A._ 2 ) ( I n m S8 NO01 Z PROPERTY OF AMI _ FULL BED FULL BED o I' 0 J ACO c I W_ ua WH Q firliq ® \ 0 NO SYSTEMS LIG' IS 3 / .9£ • mGI O o N • 3'-10" I N hl mat co ® 8 �/ 0 0 Z , :JI c••• K 3 -� tr.. 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Prepared by Palter & Girard, Inc. August, 2007 INTRODUCTION: This plan is intended to be used as a guide for the management of Garfield County and State of Colorado designated noxious weeds on land leased, owned or managed by Marathon Oil Company in Garfield County, Colorado. Priority will be given to eradication of Garfield County designated noxious weeds. (See attached list). A Noxious Weed Inventory of will be performed on each proposed construction site as they are submitted to Garfield County for approval. The results, including a map of any infestations will accompany this document. Site specific control measures will also be included. This Weed Management Plan will emphasize prevention and early detection of noxious weeds which may occur on disturbed areas. I. Inventory and Mapping A visual inspection of the proposed project will be performed prior to the approval process. A map of the area will be included. The area will be re -inspected annually and if found, new weed infestations will be added to the map using GPS coordinates. II. Prevention One of the best ways to prevent noxious weed from becoming established is to re - vegetate all newly disturbed areas with competitive species of plants as soon after disturbance as feasible. Seed mixtures for revegetation will be designated by Marathon Oil Company with the assistance of the Natural Resources Conservation Service or Colorado State University Cooperative Exstension Note: The recommended seed mixtures should be applied with a broadcast seeder followed by harrowing with a sharp- toothed harrow to achieve a cover depth of 1/4 to 2 inches. Drill seeding and/or hydroseeding may be utilized in some areas. If mulch is used it should be Certified weed -free straw or hay or packaged hydro mulch. Revegetation projects will be evaluated one year after completion for effectiveness. III. Treatment Priority will be given to Garfield County listed noxious weeds. Herbicide treatments will be approved by the Regulatory Specialist for Marathon Oil Company. All herbicide treatments will be performed by Colorado Department of Agriculture licensed personnel using approved herbicides. Product label directions will be strictly adhered to. Special precautions to protect sensitive vegetation, surface and ground water resources will include: 1. No herbicide applications when wind exceeds 10 mph to reduce the chance of drift and related damage to non -target plants. 2. Only aquatic labeled herbicides will be used near surface water and wetlands. 3. Bareground herbicides will not be applied if heavy rainfall is expected to occur on the same day to reduce the chances of the product moving off-site. Methods of Treatment: Chemical: Due to the nature of average weed infestations, chemical treatments will be the most effective and cost efficient. Herbicides will be applied by truck mounted power sprayers, ATVs and/or backpack sprayers as appropriate for each individual situation. Specific herbicides and application rates for commonly occurring noxious weeds are included in the attached document (Appendix A). Herbicide treatments of noxious weeds, if necessary, are expected to begin in the month of June at this elevation and continue thru August. Mechanical: Annual and Biennial noxious weeds may be controlled by chopping the root below ground level with a shovel or hoe. This method can be used by Marathon field personnel when individual plants or small infestations are encountered. Evaluation of Treatments and Follow-up Treatments All treatments will be evaluated for efficacy in the fall and re -treatment will be performed if necessary. Inspections will be conducted throughout the spraying season and any new findings will be added to the GPS mapping system. TREATMENT RECOMMENDATIONS: BIENNIALS Bull thistle: Spray with Tordon 22 K herbicide at 1 pint per acre when plant is in the rosette stage of growth, increase rate to 1 % pints when plant has bolted. Musk thistle: Same as Bull thistle. Houndstongue: Spray with Tordon 22k herbicide at 1 1/2 pints per acre in the rosette stage of growth. Common mullein: Spray with Escort or Telar herbicide at 1 ounce per acre prior to bloom. Add a quality surfactant. Or spray with Tordon 22K at 1 pint per acre when plant is in rosette stage. Common burdock: Spray with Redeem herbicide at 2 quarts per acre in rosette or in early bolt stage of growth. ANNUALS Russian thistle: Spray with 2,4-D 4 lb. Amine at 2 quarts per acre in early spring. Add a high quality surfactant. Or spray with Roundup at 2 quarts per acre in early spring. Kochia : Same as Russian thistle. PERENNIALS Canada thistle: Spray with Tordon 22K herbicide at 1 quart per acre when plant is in bud to bloom stage of growth or during fall regrowth. BAREGROUND TREATMENTS: Spray designated areas with a preemergent herbicide such as Sahara DG at 10 pounds per acre plus Roundup at 2 quarts per acre in early spring prior to normal periods of rainfall. fi 31 • A .k'1r Jr` Legend PROPOSED FACILITIES r rr 614 G\TIERolO •s VaTER INEB: FRESH :PRODUCED 1 t1PROP PA CORRIDOR )NOT SURV'EY'ED) Deng PN . EW Meetly P.s-AnrorN 111 (Wry PN. gynly ❑Oirry PO . Pryyy OA atm Lott6vn 2:08 ERE IDR OPT) ASSUMED WELL LOCATIONS • TO. BE DRUM BY PDC wTURE SIM • TO BE STAKED -r VANED WELL wcAT1011s TRACE (WADE •••• WRIED WATER PL LmNvn tzars Dept Boy PWeleun 20 29 IME toe ono pans., cc.1 0 Marathon 011 CompanySLB Piceance Basin Well Pad and Tower Locations I. PUMPING STATION The proposed Pumping Station is located just west of Parachute Creek and just north of Williams Grand Valley Gas Plant. Existing vegetation on the site includes Big sagebrush, Rabbitbrush and Wheatgrasses on the undisturbed portion. Areas which have been previously disturbed are inhabited with annual weeds such as Russian thistle and Sunflower spp. A noxious weed inventory was conducted on August 1, 2007 by Paller & Girard, Inc. The only noxious weed detected was Musk thistle (Carduus nutans). The infestation is less than 25 plants in size and will be sprayed with an appropriate herbicide prior to construction. This site will be monitored for re -infestation and follow-up treatments will be performed as necessary. Existing vegetation at Pumping Station site. II. ROCK QUARRY The proposed Rock Quarry site is located at N39 33569', W108 09.884'. Existing vegetation this site features Big sagebrush, Oak, serviceberry, Snowberry, needlegrasses and Lupine. A noxious weed inventory was conducted on August 1, 2007 by Paller & Girard, Inc. No noxious weeds were discovered on this site. After construction of' the quarry, the site will be re-inventoried and mapped . If any noxious weeds are discovered, they will be treated with and appropriate herbicide. Existing vegetation at the proposed Rock Quarry Site. III. PROPOSED GAS GATHERING RIGHT-OF-WAY The proposed gas gathering system is approximately 5 miles long (see attached map) and traverses a variety of elevations and vegetation types. Most of the proposed right-of- way is through undisturbed native vegetation as shown in the photographs below. A noxious weed survey was conducted on August 1, 2007 by Palter & Girard, Inc. Most of the accessible sections of the right-of-way were walked by the surveyor. The more difficult to access sections were entered at random intervals from roads and other pipelines and visual inspections were performed. Only a few individual noxious weed plants were encountered and physically removed by the surveyor. Plants found were Bull thistle (Cirsium vulgare) and Houndstounge, (Cynoglossum officianle). One small infestation of Houndstongue and Common mullein was found in an area that had been overgrazed (See attached map). This area will be treated with au appropriate herbicide prior to any construction on the site. The entire right-of-way will be monitored annually for new infestations of noxious weeds and timely treatments will be made if necessary. Typical native vegetation found on the right-of- way. III. A. TYPICAL VEGETATIVE COVER ON EXISTING RIGHT-OF-WAY The proposed gas gathering system parallels an existing pipeline right-of-way in some areas. The existing right-of-way was inspected for noxious weeds during the course of the inventory. The revegetation in these areas has not yet become established and the vegetative cover is composed mainly of grasses and annual weeds. A few individual Houndstongue and Bull thistle plants were encountered and were hand pulled. Typical vegetative cover on the existing pipeline. vdr'LEI8 NMTV, W 2603 ,7- YUS M i/ . .2 . -T SOWN! 81+0 m i ).+// i 1, 1 l (KAI H M35'50' W 26)6.1 _ LEIS N 6W;3.31,16 W Xl)�T fG - 40.a0 ' am Inas VICINITY MAP FOUND: USCLO SCALE 1=1000 SURVEY MARKER 0 25 50 1 Seale Interva l ������ CDunlour lnlerva! 2' Basis of Bearings are Grid fBeoringe ase from the Colorado Central Zone, State Plane I Coordinate Sysle/ NAD //////// OWNERSHIP: MARATHON / 710 583 h 7ps1/+a //m aia 8120 LE WALE 20' PAD A AND B DETAILS PADS 70 BE COVERED INT/1 5 p12' CRUSHED ROCK CUT/FILL SLOPES 231 OR SOX OUANDDES TOTAL CUT - 101+7+ BANK CUBIC YARDS TOTAL FILL + 70,325 BANK CUBIC YARDS TOPSOIL A7 8 INCHES OF DEPTH - 76,+86 BANK CUBIC YARDS SPOIL . 16,+22 BANK CUBIC YARDS DISTURBED AREA = 66+,351 S0. FT. OR 15.25 ACRES BERRY PETROLEUM LA10O664 YARD PAD B - 220,329 50. FT. OR 5.06 ACRES ASW ,514.3 SEC 32 755 696W S 1/4 SEC 15S R9616 FOUND: 2.5 IN USCLO BRASS CAP ON A IN. IRON POST WAS. N 88 3'59' REC. WEST �6SPs vOWNERSHIP: 'A;4)E